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A*V • 

V. o 






GOVERNMENT 

ITS ORIGIN, GROWTH, AND FORM 
IN THE UNITED STATES 


BY 

ROBERT LANSING, B.A. 

M 7 

ATTORNEY AT LAW 


AND 

GARY M. JONES, M.A. 

PRINCIPAL OF THE WATERTOWN, NEW YORK, HIGH SCHOOL 



SILVER, BURDETT AND COMPANY 


CHICAGO 


NEW YORK 


BOSTON 




Copyright, 1902, 1911, by 
SILVER, BURDETT AND COMPANY 


FEB 17 1915 


PREFACE 


The majority of text-books on civil government in the 
United States have followed one of two methods in their 
treatment of the subject. One introduces the student 
directly to existing institutions and explains their func¬ 
tions, with little or no attempt to show their origin. The 
other begins with the more imperfect forms of local gov¬ 
ernment and builds up from these to the federal system. 
However logical either of these methods may appear, ex¬ 
perience has shown that the average student, conversant 
with American history and not that of his State, is much 
more familiar with the form and powers of the general 
government than he is with those of local governments. 
It was this fact that induced the authors to prepare this 
work on the Federal Government, in the hope that the 
student having thus gained an acquaintance with this, 
the more perfect system, would be better equipped to 
take up the study of his more complex State and local 
governments. 

Furthermore, it was considered of the utmost impor¬ 
tance, before discussing the present federal system, to 
familiarize the student with those general principles upon 
which all governments rest, and with the source and 
growth of free institutions in England and her colonial 
possessions in America. This is done in Parts First 
and Second. The abstract principles are defined and 


iv 


PREFACE 


explained by appropriate illustrations, and the growth ol 
civil liberty is traced historically from its Anglo-Saxon 
origin to its final development in the Constitution of the 
United States. By these means the student has had an 
opportunity to apply his knowledge of American history, 
to understand the causes which led to the Revolutionary 
War and their logical result, to appreciate the force of 
the Declaration of Independence and the reasons for the 
failure of the Confederacy. He should understand why 
a new constitution was necessary, upon what principles 
it should rest, and what should be the general form and 
powers of the government to be established. But, if the 
time devoted to civics is too brief to warrant this historic 
cal examination, Part Second may be passed over with* 
out affecting the treatment of the national government. 

Part Third contains a critical and analytical study of 
the Federal Constitution, with such historical references 
as are necessary to explain its provisions. The sections 
and clauses are inserted in the text for the convenience 
of the student and to insure careful study of the lan* 
guage of the Constitution. Unless these are so clear and 
simple as to demand no explanation, they are analyzed 
and commented on in the light of the most recent judicial 
decisions, official interpretations and opinions of promi¬ 
nent jurists; and when of peculiar interest, the language 
of these authorities is quoted. Besides this critical ex¬ 
amination of the Constitution, the practical workings o 1 
the different branches of the Federal Government are 
explained, with especial reference to the extension or 
modification of their functions by statute, custom and 
practice. 


PREFACE 


V 


Part Fourth contains a concise review of the principles 
of international and municipal law. Jurisprudence is 
not properly a branch of civics, but the conduct of the 
foreign and domestic affairs of the nation is so inter^ 
woven with questions of law that a general knowledge 
of this subject is essential to a right understanding of 
government in the United States. 

The purpose of the whole work is to furnish the student 
with principles and facts which will be of practical value 
to him in the exercise of the rights of citizenship, and to 
present them in such a way as to impress upon him the 
responsibilities which rest upon every citizen of the Re¬ 
public in the performance of his public duties. 

The authors desire to express their thanks for the assist¬ 
ance and kindly criticism which they have received during 
the preparation of this work from Mr. Justice Harlan, 
Honorable John T. Morgan, Honorable John W. Foster, 
Andrew H. Allen, Esq., James M. Milne, Esq., and Mr. 
William K. Wickes. 

Robert Lansing. 

Gary M. Jones. 

Watertown, N. Y. 



CONTENTS 


PART FIRST. 

ORIGIN AND DEVELOPMENT OF GOVERNMENT. 


CHAP. PAGE 

I. Principles of Government ..... 3 

II. Classification of Governments .... 9 


PART SECOND. 

RISE OF AMERICAN INSTITUTIONS. 

I. Source of American Institutions .... 19 

II. Growth of American Independence ... 25 

III. The Revolutionary Government .... 32 

IV. Outline of the Articles of Confederation . . 35 

V. The Government under the Articles of Confeder¬ 
ation ......... 39 

VI. The State Governments ...... 42 

VII. The Constitutional Convention ... ^ 46 


PART THIRD. 

THE FEDERAL GOVERNMENT. 


I. The Preamble of the Constitution . a . 52 

II. The Legislative Branch .. . . . * .56 

1. Congress ..56 

2. Senators and Representatives . « , . 64 

3. Organization and Method of Work ... 71 






CONTENTS 


mi 

CHAP. 


III. 


IV. 


V. 

VI. 

VII. 


I. 


II. 


I. 

II. 

III. 


4. Legislative Powers . . • 

5. Legislative Prohibitions 

6. Peculiar Powers of Senate and House 

7. The President and Legislation 

The Executive Branch . . 

1. The President and Vice-President . 

2. Executive Powers 

3. The Executive Departments . 

4. Duties of the Executive . 

The Judicial Branch . . . 

1. The Federal Judiciary . 

2. The Jurisdiction of the Federal Courts 
The States and Territories 
General Provisions .... 
Amendments ..... 


PAGB 

80 

107 

115 

117 

120 

120 

129 

134 

148 

154 

154 

162 

170 

181 

183 


PAET FOURTH. 

PRINCIPLES OF LAW. 


International Law 8 

1. Rules in Time of Peace 

2. Rules in Time of War .... 

3. Obligations of Belligerents to Each Other 

4. Obligations of Neutrals and Belligerents 

Other ..... 

Municipal Law ...... 

1. Civil Rights ..... 

2. Wrongs ...... 


to 


Each 


190 

190 

194 

194 

196 

202 

202 

215 


APPENDICES. 

The Declaration of Independence . .- . 223 

Delegates to the Constitutional Convention . 227 

Constitution of the United States . . . 229 








ABBREVIATIONS 

Am. & Eng. Ency. of Law, American and English Encyclo¬ 
pedia of Law. 

Blackstone, Commentaries. 

Bouvier, Bouvier’s Law Dictionary. 

Cooley, Cooley on Constitutional Law. 

Int. Diet., Webster’s International Dictionary. 

Kent, Commentaries on American Law. 

Maine, Ancient Law. 

Rutherford, Institutes. 

Story, Commentaries on the Constitution. 

Tomlins, Tomlins’ Law Dictionary. 

Va. Cas., Virginia Cases. 

Vattel, The Law of Nations. 

Italics in quotations are the authors’. 
























•> 









PART FIRST. 


THE ORIGIN AND DEVELOPMENT OF GOVERNMENT. 

CHAPTER I. 

PRINCIPLES OF GOVERNMENT. 

Society. — If a man did not come in contact and have 
relations with other men, he might live where he pleased 
and do what he wished; that is, his actions would be un¬ 
restricted, except as he is responsible to God. He is in a 
state of Natural Liberty. Man, however, has constant in¬ 
tercourse with his fellows, and his actions are affected by 
or interfere with theirs; thus his freedom to act as he 
wishes limits or is limited by the freedom of another just 
so far as their actions conflict. The sole inhabitant of an 
island would be unrestricted in his action, but two individ¬ 
uals would find circumstances in which their wishes would 
conflict, and one or the other would have to yield. This 
relationship is called Society , in which man’s Natural 
Liberty is limited and becomes Civil Liberty. 

Natural Liberty : The power of acting as one thinks fit, 
without any restraint or control, unless by the law of nature. — 
Blackstone. 

Civil Liberty : Natural Liberty so far restrained by human 
laws as is necessary and expedient for the public good. — Minor. 

State. — As men sustain such relations to one another, 
those living in one place or region unite for the purpose 


4 ORIGIN AND DEVELOPMENT OF GOVERNMENT 

of common protection and interest. Sncli a union is 
termed a State or Nation , and by some writers a Civil 
Society. A state is therefore formed upon the principle 
of cooperation. Thus, a country attacked by enemies 
would be more successfully defended if the inhabitants 
united their efforts of resistance than if each attempted 
to protect only his own dwelling. 

State ; Nation : A body politic, or society of men, united together 
for the purpose of promoting their mutual safety and advantage by 
the joint efforts of their combined strength. Cooler) ; Bouvier. 

Civil Society: By civil society is usually understood a state, 
a nation or body politic. Rutherford. 

Rights; Sovereignty; Law. — In every State every 
individual possesses certain well-defined powers or 
privileges, called Bights , which entitle him to conduct 
himself within certain limits in such a manner as will 
promote his happiness or profit. Thus, every man is 
entitled to the rights of “life, liberty and the pursuit of 
happiness”; that is, to live and to live as he pleases, to 
go where he pleases and to act as he pleases, provided 
he does not interfere with the rights of others. In order 
to protect the individual in the exercise of his rights 
and to limit the actions of each so as to give the greatest 
freedom to all, certain rules of conduct, called Laws , are 
necessary. To be effective, these laws must originate 
from a competent source ; and the individual or body of 
individuals having the supreme power to declare the laws 
in a state is called its Sovereign. 

Right: That which anyone is entitled to have, or to do or to 
require from others within the limits prescribed by law. Kent. 

Rights are divided into: 

A.—Political—The right to take part in the government, such 
as to vote and hold office. 


PRINCIPLES OP GOVERNMENT 


5 


B.—Civil. 

a. —Absolute or Natural. 

The right of Life. ) 

The right of Liberty. [ These belon S to a hom 

The right of Property. ) birth. 

b. — Relative. 

1— Public—The right of protection by the government. 

2— Private—Which grow out of the relations of 

Husband and wife, 

Parent and child, 

Guardian and ward, 

Master and servant. 

Sovereign: The person, body or state in which independent 
and supreme authority is vested. Int. Diet. 

Sovereignty : The union and exercise of all human power possessed 
in a state; it is a combination of all power; it is the power to do every¬ 
thing in a state without accountability. Story. 

That public authority which commands in civil society and orders 
and directs what each is to perform, to obtain the end of its institu¬ 
tion. Vattel. 

Law: A rule of civil conduct prescribed by the supreme power in 
a state. Bouvier. 

A rule of life. Maine. 

Law in its most general and comprehensive sense signifies a rule of 
action; and it is applied indiscriminately to all kinds of action, whether 
animate or inanimate, rational or irrational. Thus we say, the laws 
of motion, of gravitation, of optics or mechanics, as well as the law of 
nature and of nations. And it is that rule of action which is prescribed 
by some superior, and which the inferior is bound to obey. Blackstone. 

When Law is applied to any other object than man, it ceases to 
contain two of its essential ingredients, disobedience and punishment 
Tomlins. 

Government.— A law will not accomplish its pur- 
pose unless all the individuals in a state, to whom it 
applies, obey it in the same way ; and this equal obedi¬ 
ence is, therefore, compelled by the sovereign or repre¬ 
sentatives of the sovereign. The province of a sovereign 
is, then, to make and enforce, directly or indirectly, the 


6 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


laws of a state ; and this act is termed government. The 
word “ government ” is used not only to express the acts 
of sovereignty, but also the agents by means of which the 
sovereign performs these acts. Thus, in the United 
States the sovereignty is vested in the people ; the Presi¬ 
dent, Congress and Courts are the instruments to execute 
the sovereign’s will, and are called “the Government.” 

Government (first sense): The control, direction and regulation 
of public or private affairs. Am. & Eng. Ency. of Law. 

Government (second sense): That institution or aggregate of 
institutions by which a state makes and carries out those rules of 
action which are necessary to enable men to live in a social state, or 
which are imposed upon the people forming a state. Bouvier. 

Powers of Government.—As the sovereign’s power is 
supreme, a government’s duties can be determined and 
its authority limited only by the sovereign ; and a gov¬ 
ernment, being the representative of the sovereign, has 
power over the life, liberty and property of every indi¬ 
vidual in the state ; but this sovereign power can be 
justly exercised only under certain conditions. 

The conditions under which a government ma y justly 
deprive him of these rights are : 

1. When a person wrongfully interferes with another’s 
rights, the government may compel him to forfeit a part 
or all of his own rights. All disobedience to the laws is 
such an interference ; and the forfeiture imposed by the 
government is termed Punishment. 

2. When the state is in danger, the government may 
require the life, liberty or property of any member of 
the state. In case of war the enforced service in the 
army (called conscription or draft) and the taking and 
using an individual’s property without his consent and 


PRINCIPLES OF GOVERNMENT 


7 


without paying him for it (called confiscation) are ex¬ 
amples. 

The rights of a state to preserve socia* order and to 
protect itself are superior to the rights of any individual 
member. 

Branches of Government.—A government, whatever 
its form may be, executes the will of the sovereign by 
the exercise of three distinct functions, known as Legis¬ 
lative, Judicial and Executive. 

The Legislative function consists in making laws ; that 
is, in announcing the sovereign will in regard to any 
matter. 

The Judicial function consists in interpreting the laws 
in their application to individual cases. 

The Executive function consists in enforcing the laws. 

These distinct functions may be exercised by the gov¬ 
ernment as a whole, or by two or three separate branches, 
which are named after the functions which they perform. 

In nearly all states the executive head selects men to 
act as advisers and to share in the duties of enforcing the 
sovereign’s will. These advisers are called a Council of 
State , a Ministry , or a Cabinet. In some states, as in 
England, this advisory body is substantially a committee 
of the dominant party in the legislative branch and 
possesses the executive authority. In such cases the 
Ministry is termed the ‘ 4 Government.” 

Constitution. — A government’s authority may be 
limited and defined by certain principles, which have 
been declared or accepted by the sovereign. These prin¬ 
ciples of government are termed a Constitution. Consti¬ 
tutions are either unwritten, as that of Great Britain, or 


8 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


written, as those of the United States and the German 
Empire. In a state which has a written constitution 
the word is used not only to indicate the principles of 
government, but also the document itself. 

Constitution : A fundamental law or basis of government. Story. 

The fundamental laws of a state, directing the principles upon 
which the government is founded and regulating the exercise of the 
sovereign powers. Bouvier. 

That by which the powers of government are limited. 1 Va. Cas. 24. 

Written Constitutions are the product of modern ideas of 
civil government. Although the Grecian cities and some of the Italian 
republics possessed written laws in the nature of constitutions, it may 
be said that the “ Fundamental Orders of Connecticut,” drafted by 
Thomas Hooker and his friends in 1639 and substantially confirmed 
by the charter granted by Charles II. in 1662, was the first written 
constitution providing a complete form of government. And so re¬ 
publican was this instrument that it remained in force for forty years, 
after Connecticut became an independent state. 


CHAPTER II. 


CLASSIFICATION OF GOVERNMENTS. 

Divisions.—In considering the different forms of gov¬ 
ernments there are two general divisions : Single Gov¬ 
ernments and Confederated or Federal Governments. 

A Single Government is that of a single state in which 
there is a single sovereignty. 

A Confederated or Federal Government is that of a 
Confederacy or Union. A Confederacy or Union is 
formed by an agreement between two or more single, 
independent states for mutual protection and benefit, by 
which each state retains a portion of its sovereign power, 
but surrenders to the confederacy as much as is necessary 
to carry out the purposes of the agreement. The word 
“ confederation ” is used commonly as a synonym of 
“ confederacy, ” but in its strict sense the former is the 
agreement to unite, and the latter the resulting union. 

SINGLE GOVERNMENTS. 

Basis of Classification.—Single Governments are com¬ 
monly classified according to the character of the 
sovereignties which they represent. 

Classification.—From the time of the earliest writers, 
governments have been divided into three general 
classes : Monarchies, Aristocracies and Democracies. 


10 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


These are based, respectively, upon the three general 
forms of sovereignty—(1) by an individual, (2) by a class 
of individuals, and (3) by all the members of a state. 

1. Monarchies.—A Monarchy is a government by one 
person, in whom is the sovereignty. The ruler—that is, 
the individual who governs—is called a monarch, sov¬ 
ereign, king, emperor, etc., while those over whom he 
rules are called his subjects , and possess no part of the 
sovereignty. Among these is a certain class of individ¬ 
uals, termed nobles , who have been granted special priv¬ 
ileges by the sovereign. They bear such titles as mar¬ 
quis, earl, viscount, baron, etc., and constitute the nobility 
or aristocracy of the country. 

Principalities and Duchies are small monarchies, whose 
sovereignties are in princes and dukes. 

a. Division as to Power.— Monarchies are divided into 
two classes : Absolute Monarchies and Limited or Con¬ 
stitutional Monarchies. 

Absolute Monarchy. —An Absolute Monarchy is one 
in which the acts of the ruler are unlimited by any prin¬ 
ciples of government. Such a monarchy is also called 
an Autocracy—as in the case of Russia, whose ruler is 
often termed “the Autocrat of All the Russias ”—ora 
Despotism, when the government is characterized by 
cruelty or severity. The ruler of a despotism is called 
a despot or tyrant. 

A Theocracy, a Patriarchal Government and a Gov¬ 
ernment by a Chief are also absolute monarchies. 

Examples. —The Jewish government was a Theocracy ; that 
is, one in which God was the sovereign. Jehovah was the sole 
and absolute ruler of the nation. The best example of a Patriarchal 


SINGLE GOVERNMENTS 


11 


Government, in which the head of the family is its sovereign, is 
that of the Hebrew families before their settlement in Egypt; 
thus, Abraham and Jacob were each supreme in the governing of 
their descendants. The Government by a Chief is the most 
common form among savages. The Indian tribes of America and 
the Negro tribes (or kingdoms, as they are often called) of Central 
Africa are familiar examples. 

Limited Monarchy .—A Limited or Constitutional Mon¬ 
archy is one in which the acts of the ruler are limited by 
a constitution. The limitations upon rulers vary accord¬ 
ing to the constitutions of the states over which they 
rule. 

Examples. —Spain, Italy and Holland are examples of Limited 
Monarchies, while Great Britain shows to what extent the consti¬ 
tution may deprive the monarch of power. In the British Em¬ 
pire the ruler, though theoretically possessing sovereign power, is 
so limited by the constitution as practically to possess none. The 
sovereignty is in fact in the English people, and the government 
is in reality a democracy in the form of a monarchy. 

b. Division as to Succession.— Monarchies are also 
divided into Hereditary and Elective Monarchies. This 
division is based upon the transfer of the sovereignty 
from one individual to another. 

Hereditary Monarchy .—An Hereditary Monarchy is 
one in which the sovereignty is inherited by an heir of 
the monarch upon his death. The rule of inheritance is 
fixed by custom or the constitution. The usual descent 
is from the father to the eldest son ; and if there is no 
son, then to the eldest daughter. In many European 
states there formerly existed what is known as the Salic 
Law, which prohibited females from ever inheriting the 
sovereignty. 

Elective Monarchy .—An Elective Monarchy is one in 


12 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


which the sovereignty, upon the death of the ruler, is trans¬ 
ferred to another individual, chosen by the people or by 
a class, in whom the sovereignty rests until the new ruler 
is chosen. Thus the former kingdom of Poland was an 
elective monarchy, the right to choose a king belonging 
to the nobility. Rome, prior to 509 b.c., is another ex¬ 
ample of this class. So, too, governments by chiefs are 
usually elective monarchies (though sometimes heredi¬ 
tary), the tribe, the warriors of the tribe, or the heads of 
families being entitled, upon the death of a chief, to select 
his successor. 

Summary. —A monarchy is then either absolute and 
hereditary, limited and hereditary, absolute and elective, 
or limited and elective. 

2. Aristocracies.—An Aristocracy is a government by 
a class of persons, separated from the other members of 
the state by reason of family, wealth or power. The 
sovereignty rests equally in the persons of the ruling 
class. The government within the class is democratic, 
and for this reason an aristocracy is often classed as a 
republic. 

Examples. —The so-called Republic of Venice is the best ex¬ 
ample of an Aristocracy. The sovereignty rested in a few families, 
and the government was conducted through a council selected by 
them, who, in turn, chose the Doge and the Council of Ten, 
who were the actual government. Genoa, and some of the 
Greek cities about the seventh century before Christ, also had 
aristocratic governments. 

Hierarchies.— To this class belong certain church gov* 
ernments called Hierarchies ; the churches are composed 
of the clergy and of lay members, but the sovereignty 


SINGLE GOVERNMENTS 


13 


and government is reserved to the clergy. The Church 
of Rome, the Greek Church and the Anglican Church 
have hierarchical governments. 

3. Democracies.—A Democracy is a government in 
which all the members of the state possess an equal share 
of the sovereignty. There are two general divisions of 
this class of government: Pure Democracies, and Repre¬ 
sentative Democracies or Republics. 

Pure Democracy.— A Pure Democracy is one in which 
the government is carried on directly by all the mem¬ 
bers of a community. It is only in states of small extent 
that this form can exist, as it would be impossible, in a 
large state, for its thousands of inhabitants to meet 
together and decide all questions of government. At 
the present day this form is found only among small 
savage tribes. 

Examples. —Such a government is carried on as follows : The 
tribe meets in one assembly, the affairs of the community are 
discussed, the action to be taken is determined upon, and one or 
more are appointed to execute the will of the tribe, and after this 
has been done the authority of those appointed to act for the 
tribe ceases. A remnant of this form of democracy is still to be 
found in the town meeting, at which every member of the town 
is entitled to be present and express his opinion, and the questions 
of town government are decided by a vote of all the electors 
present. 

Republic. —A Representative Democracy, or, as it is 
more commonly called, a Republic or Commonwealth, is 
one in which the government is delegated to a body of 
men elected from time to time by the citizens , as the 
members of the state are called, who have an equal voice 
in selecting those who are to act for all in the government. 


14 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


Government in a Republic.—In a republic the three func¬ 
tions of government are usually administered by separate 
branches—the Legislative, by Representatives elected by 
the people ; the Judicial, by men, termed Judges or Jus¬ 
tices, elected by the people or appointed by the Executive 
Branch of the government ; and the Executive, by a 
President elected by the people or chosen by their repre¬ 
sentatives. In most republics the Executive has a limited 
right, called the right of veto , to disapprove the acts of the 
Legislature; the Judiciary usually determines whether the 
acts of the Legislature and Executive comply with the 
principles declared by the constitution ; and the Legis¬ 
lature has power to remove the Executive and the Judi¬ 
ciary in case they violate the constitution. The three 
branches, therefore, though separate, are not absolute in 
the exercise of their functions, but are responsible to 
some other branch of the government. 

Examples. —France is an example of a Republic. There is a 
single sovereignty, which rests in all the people. The three 
branches of government are distinct. The legislative is elected 
by the people, and divided into two houses, called a Senate and a 
Chamber of Deputies. The Republic is divided into Departments, 
(each) administered by a prefect, who is nominated by the central 
government, and the Departments are subdivided into Arrondis- 
sements, Cantons and Communes. The judges of the different 
courts are appointed by the President. 

Chile is another example of a Republic with a single sover¬ 
eignty. It also has a President, a Senate and a Chamber of 
Deputies elected by the people. For purposes of administration 
the Republic is divided into Provinces, and these into Depart¬ 
ments, whose official heads are appointed by the central govern¬ 
ment, as are also the judiciary. 

Ecuador and Colombia are other instances of Single Republics. 


CONFEDERATED OR FEDERAL GOVERNMENTS 15 


CONFEDERATED OR FEDERAL GOVERNMENTS. 

Classification.—Confederated or Federal Governments, 
being based upon an agreement between sovereign and 
independent states, adopt the character of the govern¬ 
ments of these states. Confederacies may be divided 
into two classes: Monarchical Confederacies and Repub¬ 
lican Confederacies. 

1. Monarchical Confederacies. —A Monarchical Con¬ 
federacy is one composed of two or more monarchies, and 
necessarily assumes the form of a limited monarchy, as 
the sovereign power is confined to such powers as are sur¬ 
rendered to it by the individual states which form the 
confederacy. 

Examples. —The German Empire is a Monarchical Confeder¬ 
acy, composed of four kingdoms, six grand duchies, five duchies, 
seven principalities and three free towns. By its constitution the 
sovereignty, for certain purposes, is given to two distinct branches, 
the executive and the legislative. The former is in the person of 
a President, with the title of the German Emperor, who is by the 
constitution the hereditary king of Prussia, the largest and most 
influential state of the Confederacy. The legislative authority is 
in the Bundesrath, or Federal Council, appointed by the govern¬ 
ments of the individual states, and the Reichstag, or Diet, elected 
by the people. There is one federal court for hearing appeals, 
whose judges are appointed by the Emperor. All other courts 
are directly under the appointment and control of the different 
monarchies which form the Confederacy. Each state has also its 
own government, with an hereditary monarch at its head, and is 
supreme in all matters not surrendered to the Imperial Govern¬ 
ment by the constitution. 

Austria-Hungary is also a Monarchical Confederacy, composed 
of the Empire of Austria and the Kingdom of Hungary, over 
which there is a common monarch with the titles of Kaiser of 
Austria and King of Hungary. To the Federal Government is 


16 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


surrendered the charge of foreign, military and naval affairs, 
finance, etc., while in all other matters the governments of the 
two monarchies are separate, except that the executive authority 
is in the one ruler. In this it differs from the German Empire, in 
which each state has its own monarch. Austria and Hungary 
are both limited monarchies, with legislative assemblies of their 
own. The federal legislation is by sixty delegates from each 
monarchy, chosen by their respective assemblies from their own 
members. These Delegations, as they are called, meet separately, 
once a year, and propose federal laws, which are submitted to the 
Delegation from the other monarchy. If a law is not agreed to 
after three interchanges of the views of each Delegation, then the 
one hundred and twenty delegates meet in one body and decide it. 

The famous Iroquois Confederacy, or the Confederacy of the 
Six Nations, is another example of a Monarchical Confederacy. 
It was composed of six Indian tribes whose villages extended 
across the central part of what is now New York State. Each 
tribe was under the government of hereditary sachems, but the 
Confederacy, in matters relating to the welfare of all the tribes, 
was governed by a grand council of fifty sachems, any of whom 
could demand a meeting of the council. In military affairs, 
however, two hereditary chiefs of the Seneca tribe commanded 
the warriors of the Confederacy. 

2. Republican Confederacies.— A Republican Confed¬ 
eracy is governed in the same general way as a single 
republic, except that the sovereignty of the federal gov¬ 
ernment is limited to those matters which affect the gen* 
eral welfare of all the states which form the confederacy, 
and which have been delegated to it by the states. 

Examples. —The Swiss Confederation is a Confederacy of 
twenty-two separate republics, called Cantons. By its constitu¬ 
tion the legislative and executive authority of the Confederation 
is in a Federal Assembly composed of two houses, the State 
Council and the National Council. The former has forty-four 
members, two from each Canton, and the latter consists of repre¬ 
sentatives elected by the people, one representative for every 


CONFEDERATED OR FEDERAL GOVERNMENTS 17 


20,000 inhabitants. The executive authority is delegated by the 
Federal Assembly to a Federal Council of seven members elected 
for three years. The President and Vice-President of this Coun¬ 
cil are selected each year by the Federal Assembly, and no mem¬ 
ber of the Council can be President two years in succession. It 
is the duty of the Federal Council to propose laws and to execute 
them when passed by the two houses. The Federal Council may, 
when it desires, and must, when petitioned by 30,000 citizens, 
submit a law to all the people, who may, by vote, adopt, amend or 
reject it. This principle of submission to the people is called the 
referendum and is a modified form of Pure Democracy. The 
act of petitioning by the people for a referendum is termed initia¬ 
tion. There is only one federal court, whose jurisdiction is 
limited. Each Canton has its own judges ; and, in all matters 
not delegated to the Federal Government by the constitution, it 
is supreme and has its own independent, republican government. 

The United States has a government of this class, although in 
some particulars it possesses the character of a single republic. 
This likeness and difference will be shown when this government 
is studied more in detail. 

The Federal Principle.—The principle which underlies 
this form of government is that each state of the union 
possesses the sovereignty in all matters which affect itself 
alone, while in all matters which relate to two or more of 
the states, or which have to do with foreign nations, the 
sovereign power is in the Federal Government. 


18 ORIGIN AND DEVELOPMENT OF GOVERNMENT 


SINGLE GOVERNMENTS. 


1. Monarchies 


As to Power 


Absolute *{ 


As to Succession 


Autocracy. 
Despotism. 
Theocracy. 
Patriarchy. 

By a Chief. 
Limited, or Constitutional., 
Hereditary. 

Elective. 


2. Aristocracies. 

3. Democracies 


Hierarchies. 

Pure. 

Representative, or Republican. 


CONFEDERATED GOVERNMENTS. 

1. Monarchical Confederacies. 

2. Republican Confederacies. 


DIVISIONS OF GOVERNMENT IN A REPUBLIC. 

1. Legislative, by Representatives elected by People. 

2. Executive, by President elected by j ^e°rese 


Representatives. 


i j elected bv People, 
u ici a , y u ges j appointed by Executive. 






PART SECOND. 

RISE OF AMERICAN INSTITUTIONS. 


CHAPTER I. 

SOURCE OF AMERICAN INSTITUTIONS. 

The Anglo-Saxons.—The principle of civil liberty, which 
is the important element in our system of government, 
was already strongly developed among the Angles and 
Saxons when they conquered England in the fifth cen¬ 
tury. They were believers in the rights and powers of 
the individual. They elected their own chiefs and had a 
voice in the government of their clans. Under their rule 
the people in their various councils made laws and 
treaties, levied some taxes, raised land and sea forces, 
and exercised many other legislative and also judicial 
powers. These powers, although modified by changing 
conditions, became firmly settled under the successive 
Saxon kings in the form in which they are historically 
known as the “ Laws of Edward the Confessor. ” 

Effect of Norman Conquest.—The Norman conquest 
wrought a change. The conquerors did not possess the 
Saxon ideas of liberty and equality. To them the king 
was the state and source of all law, and in the confusion 
of this change in ideas of government there followed con* 


20 


RISE OF AMERICAN INSTITUTIONS 


fiscation of property, oppressive laws, and the practical 
enslavement of the conquered people through the intro¬ 
duction of Feudalism. 

These conditions continued during the reigns of £ £ The 
Conqueror” and William II. But Henry I., fearing 
the effect of popular discontent, promised by a ££ Charter 
of Liberties,” granted in 1101, to restore in part the 
££ Laws of Edward the Confessor.” This Charter is im¬ 
portant as the first limitation upon the powers of the 
crown. 

Magna Charta.—A century later (June 15, 1215) the 
great instrument of English liberty, known as Magna 
Charta, was wrung from King John by the people and 
nobles, who had revolted against his despotic rule. Of 
the sixty-three provisions of this great document, those 
which are important in the study of our government are 
the following : 

Taxes. —No scutage* or aidf shall be imposed in our kingdom 
Unless by the general council of our kingdom ; except for ransom¬ 
ing our person, making our eldest son a knight and once for 
marrying our eldest daughter ; . . . 

General Council. —And for holding the general council of 
the kingdom concerning the assessment of aids ... we shall 
cause to be summoned the archbishops, bishops, abbots, earls and 
greater barons of the realm, singly by our letters. And further¬ 
more, we shall cause to be summoned generally ... all 
others who hold of us in chief, for a certain day . .. . and to 

a certain place ; and in all letters of such summons we will 
declare the cause of such summons. 

By these provisions the taxing power was placed in 

*Scutage: Tax imposed instead of military service. 
fAm: Feudal tax paid by the vassal to his lord. 


SOURCE OF AMERICAN INSTITUTIONS 


21 


the people, and definite means were prescribed for its 
exercise. 

Personal Rights. —No freeman shall be taken or imprisoned 
or disseised* or outlawed, or banished, or anyways destroyed, nor 
will we pass upon him, nor will we send upon him, unless by the 
lawful judgment of his peersf or by the law of the land. 

We will sell to no man, we will not deny to any man, either 
justice or right. 

A freeman shall not be amerced]; for a small offense, but only 
according to the degree of the offense ; and for a great crime ac¬ 
cording to the heinousness of it. 

These provisions were to protect the subject in his per¬ 
sonal freedom by guaranteeing that punishments should 
be proportionate to the enormity of the crime. 

Property Rights. —Neither shall we nor our bailiffs take any 
man’s timber for our castles or other uses, unless by the consent 
of the owner of the timber. 

This provision was intended to protect the subject in 
his property, and is so manifestly just that it has continued 
in force to the present day. 

House of Commons.—The next development in popu¬ 
lar government was the establishment of the House of 
Commons, which, like Magna Charta, was the result of 
a conflict between the king and the barons, in which the 
latter were successful. Henry III. and his son having 
been taken prisoners, the government passed temporarily 
into the hands of Simon de Montfort, the leader of the 
rebels, who, to strengthen himself, summoned a parlia- 

*Disseised : Unlawfully deprived of property. 

t Peers: Equals, of the same rank. 

IAmerced : Punished at the discretion of a court. 


22 


RISE OF AMERICAN INSTITUTIONS 


ment (1265), in which he gave seats not only to those 
entitled to them under Magna Charta, but also to two 
representatives from each town or borough. This was 
the first House of Commons, the representative body of 
the common people. The example thus set was not im¬ 
mediately followed. But in 1295 Edward I., in order to 
obtain supplies for wars in France and Scotland, sum¬ 
moned a parliament, to which he called “ two burghers 
from every city, borough and liege-town to sit with the 
nobles and barons,” stating nf the summons that “ what 
concerns all should be approved by all.” This was the 
permanent establishment of the House of Commons. 

Rights of Colonists in America.—These were the gov¬ 
ernmental rights to which Englishmen were entitled at 
the time of the colonization of America, and to these 
rights, as also to those subsequently granted, the settlers 
in America became entitled as fully as the inhabitants of 
London or other English towns. For in the charter 
under which the Plymouth and London Companies were 
organized the king stated that the colonists and their 
descendants should 

have and enjoy all liberties, franchises and immunities of free 
denizens and natural subjects, within any of our other domin¬ 
ions, to all intents and purposes as if they had been abiding and 
born within this our realm of England, or in any other of our 
dominions. 

Habeas Corpus Act.—Of the rights subsequently granted, 
but two will be noticed. First, the Habeas Corpus Act. 
From the time of Magna Charta it had been a principle 
of law that a prisoner could demand from a court an 
order, or writ , compelling his jailer to produce him before 


SOURCE OF AMERICAN INSTITUTIONS 


23 


the court for the purpose of determining whether he was 
legally imprisoned. This did not apply in cases of arrest 
by the Royal Council, and as a result many persons had 
been illegally and arbitrarily imprisoned. To check this 
abuse, Parliament, in 1679, passed the Habeas Corpus 
Act, by which it was provided that no judge should re¬ 
fuse the writ to any prisoner, or to order his release from 
confinement if such confinement was illegal. 

Bill of Rights.—The other important measure is the 
Bill of Rights. When James II. was deposed, and Wil¬ 
liam and Mary were called to the throne, there was 
annexed to the Act, which determined the future succes¬ 
sion, a statement of rights which definitely fixed the limits 
of royal power and stated the principles of English con¬ 
stitutional government. After a recital of complaints 
the Bill continues: 

That the pretended power of suspending of laws, or the execu* 
tion of laws by regal authority, without consent of parliament, 
is illegal. 

That it is the right of the subject to petition the king; and all 
commitments and prosecutions for such petitioning are illegal. 

That the raising or keeping a standing army within the king¬ 
dom in time of peace, unless it be with the consent of parliament, 
is against law. 

That the freedom of speech and debates or proceedings in par¬ 
liament ought not to be impeached or questioned in any court or 
place out of parliament. 

That excessive bail ought not to be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 


24 


RISE OF AMERICAN INSTITUTIONS 


DATES OF PRINCIPAL EVEN TS IN RISE OF 
AMERICAN INSTITUTIONS. 

449-455 Conquest of Britain by the Saxons and Angles. 
1050-65 Laws of Edward the Confessor. 

1066 Norman Invasion of England. 

1101 Charter of Liberties. 

1215 Magna Charta. 

1265 First House of Commons. 

1295 House of Commons made Permanent. 

1297 Confirmation of the Charter by Edward I. 

1606 Charter of the Plymouth and London Companies. 
1679 The Habeas Corpus Act. 

1689 Bill of Rights. 


CHAPTER Ii. 


GROWTH OF AMERICAN INDEPENDENCE. 

Cause of American Revolution.—The American Revo¬ 
lution is traceable to one cause—the violation of the 
rights and liberties of Englishmen, inherited by and 
guaranteed to the colonists. Until the cession of Canada 
to England the colonists had been allowed to exercise all 
the rights of Englishmen, for the menace of the French 
on the north and west was sufficient to warn the British 
ministry that any trouble or irritation would weaken its 
power in the Hew World. But with the fall of Quebec 
three measures were proposed which were intended to 
give the British Government more complete control over 
the colonists. These were the enforcement of the Acts 
of Trade, the taxation of the colonies and the quartering 
of troops in America. 

Acts of Trade; Writs of Assistance.—The Acts of Trade 
were statutes which, first enacted during the reign of 
Richard II., had been so extended that at this time they 
practically prohibited the colonists from exporting their 
produce in any other than English ships, from importing 
goods from any other than English ports, or from manu¬ 
facturing goods which could be made in England. While 
the original purpose of these measures was to destroy the 
Dutch trade with the colonists, it had developed into a 


26 


RISE OP AMERICAN INSTITUTIONS 


scheme to make of the colonies sources of supply for the 
markets of England and consumers of her products; and 
the colonists, appreciating this, continued their foreign 
trade by smuggling. 

To detect and punish smugglers, recourse was had to 
Writs of Assistance, which were warrants issued by a 
court empowering officers to enter and search any prem¬ 
ises for the purpose of finding smuggled goods. This 
action of the Government produced violent opposition 
throughout the colonies. James Otis declared that it 
was an invasion of private liberty such as had “ cost one 
king of England his head and another his throne.” He 
argued that the colonists were not bound to obey laws in 
the making of which they had no voice, and that the 
forcing of the colonists to pay exorbitant duties upon 
goods not imported from England was “ taxation by a 
foreign legislature without our consent.” 

Quartering of Troops; Stamp Act.—The excitement over 
the Writs of Assistance had not ceased before the min¬ 
istry determined to station permanently in the colonies 
a force of ten thousand soldiers to aid the colonial gov¬ 
ernors in the enforcement of the laws. For the purpose 
of partially defraying the expense of these garrisons it 
was further proposed to levy a tax in the form of a stamp 
duty, and in 1765 the Stamp Act was passed. Its enact¬ 
ment was the signal for violent popular demonstrations 
in the colonies, and as a result a congress of delegates 
from Massachusetts, South Carolina, Pennsylvania, Rhode 
Island, Connecticut, Delaware, Maryland, Hew Jersey 
and Hew York met at the city of Hew York, October 7, 
1765. This meeting, known as the “ Stamp Act Con- 


GROWTH OF AMERICAN INDEPENDENCE 27 


gress,” * lasted two weeks. It drew up a Petition to the 
English people, and a Declaration of Rights and Griev¬ 
ances, in which were set forth the rights of the colonists 
to the liberties of Englishmen, among which was the 
right to tax themselves ; it complained of the Stamp Act 
and asked for a repeal of the Acts of Trade. But there 
was no suggestion of revolution. The determination of 
the colonists to protect their rights, and the support of 
a strong party in Parliament, compelled the repeal of the 
Stamp Act in 1766, but the obnoxious principle under¬ 
lying it was preserved; for with the Act of Repeal was 
passed the “ Declaratory Act,” whereby it was asserted 
that the colonies were 

subordinate unto and dependent upon the Imperial Crown and 
Parliament of Great Britain, and that Parliament hath, and of 
right ought to have, full power to make laws and statutes of suf¬ 
ficient force and validity to bind the colonies and people of 
America, subjects to the crown of Great Britain, in all cases 
whatsoever. 

Townshend Acts of 1767 —It was not long before the 
threat implied in this declaration was carried out. In 
1767 Townshend, Chancellor of the Exchequer, who was 
opposed to a conciliatory policy, obtained the passage of 
Acts which placed duties on wine, oil, fruit, glass, paper, 

* There had been prior meetings for common purposes. In 1643 
Massachusetts Bay, Connecticut, Plymouth and New Haven had 
joined under the name of the “United Colonies of New England” 
in “a firm and perpetual league of friendship and amity for offense 
and defense . . Again, during the French and Indian War, 

representatives from the New England Colonies, and from New 
York, Pennsylvania and Maryland met at New York to devise plans 
of union and defense. 


28 


RISE OF AMERICAN INSTITUTIONS 


lead and teas, and at the same time revived the Writs of 
Assistance. These enactments met with the same recep¬ 
tion as the Stamp Act. The colonists recognized in them 
the hateful principle of taxation without representation. 
The Yirginia Assembly declared the tax illegal and pro¬ 
tested against its enforcement, and later adopted a pledge 
not to buy any of the goods upon which such taxes were 
levied. Similar action was taken in several other col¬ 
onies. 

Coercive Action of British Government.—The king, en¬ 
raged by the temper of these petitions and resolutions, 
declared the originators to be rebellious and guilty of 
treason, and measures were adopted to repress the expres¬ 
sion of such sentiments. The colonial governors were 
directed to prevent public assemblies, and troops were 
sent to Boston and New York. The danger of this policy 
was, however, felt in England, and at length, in April, 
1770, Parliament repealed the provisions of the Town- 
shend Acts, except such as related to the duty on tea, 
which was made so low as to render smuggling unprofit¬ 
able. 

Committees of Correspondence.—Meanwhile the agita¬ 
tion continued, and open conflict seemed unavoidable. 
Samuel x\dams, who saw the probability of war, intro¬ 
duced into the Boston town meeting in November, 1772, 
a resolution that u a committee of correspondence be ap¬ 
pointed to state the rights of the colonists . . . and also 
request of each town a free communication of their senti¬ 
ment on this subject.” The idea was received every¬ 
where with favor. Similar committees were selected in 
other colonies, who spread the doctrine of liberty among 


GROWTH OF AMERICAN INDEPENDENCE 29 


the people and formed an incipient union by constant 
intercourse upon all matters of public interest. 

The Tea Agitation.—Still the ministry was blind to the 
dangers, and upon the demands of the East India Com- 
pany determined to enforce the tea tax. For this pur¬ 
pose, in the fall of 1773, cargoes of tea were shipped to 
New York, Boston, Philadelphia and Charleston. At 
Philadelphia and Charleston the cargoes were either 
returned or stored in damp cellars. At Boston, on the 
night of December 16, 1773, the ship was boarded, the 
cargo broken open and the tea emptied into the harbor. 
This was called the “ Boston Tea Party.” At New 
York a similar demonstration was made by the “ Sons of 
Liberty.” 

Retaliation by Great Britain.—Retaliatory measures were 
at once taken by Parliament. The principal ones were 
aimed at Massachusetts, which, possessing a charter gov¬ 
ernment, was deemed by the ministry as being most 
hostile to British interests. These closed the port of 
Boston, annulled the charter of the colony and placed 
the government in the hands of a governor and a council 
selected by him, and provided for the further quartering 
of troops in Boston. Another Act provided for the trial 
in England of all soldiers, magistrates or revenue officers 
charged with murder. 

First Continental Congress.—In view of the dangers 
threatened by such enactments the lower house of the 
Massachusetts legislature called upon the other colonies 
to join in a congress to meet at Philadelphia, and in re^ 
sponse to the call delegates from the different colonies 
met, September 5, 1774, in what is known as the “ First 


GO 


RISE OF AMERICAN INSTITUTIONS 


Continental Congress.” Among the delegates were 
Samuel and John Adams, John Jay, Patrick Henry and 
George Washington. They adopted a Declaration of 
Rights, and prepared a Petition to the king, praying for 
a redress of wrongs. They also presented an address to 
the same effect to the people of Great Britain, united in 
a pledge to import no goods from England or her col¬ 
onies, provided for a second Continental Congress and 
adjourned October 26, 1774. 

Second Continental Congress.—These measures, how¬ 
ever, failed of their purpose, and the colonists determined 
upon armed resistance. April 19, 1775, the first engage¬ 
ment was had at Lexington, and the news of it was the 
signal for a general uprising. May 10, 1775, the British 
garrison at Ticonderoga surrendered to Ethan Allen, and 
the same day the Second Continental Congress assembled 
at Philadelphia. On June 7, 1776, Richard Henry Lee 
of Virginia introduced into the Congress the following 
resolution: “ Resolved—That these United Colonies are, 
and of right ought to be, free and independent States ; 
that they are absolved from all allegiance to the British 
Crown ; and that all political connection between them 
and the state of Great Britain is, and ought to be, totally 
dissolved.” On June 11, 1776, Thomas Jefferson, John 
Adams, Benjamin Franklin, Roger Sherman and Robert 
R. Livingston were appointed a committee to prepare a 
suitable declaration of -grievances and a statement of the 
attitude of the colonies. This committee made its report 
July 1st. The next day the Lee resolution was passed, 
and on the Fourth of July the Declaration of Indepen¬ 
dence was adopted. 


GROWTH OF AMERICAN INDEPENDENCE 31 


Declaration of Independence.—Thus the separation of 
the colonies from England was made complete. An ex¬ 
amination of the Declaration of Independence discloses 
no new governmental principles. (See Appendix I.) It 
is a simple statement of the inherent rights of the people, 
which they had never surrendered, together with a plain 
narration of the wrongs which had compelled their act. 
It is a concise exposition of the true principles of govern¬ 
ment, and has been through the existence of the Union 
a great and powerful factor in the maintenance of a pure 
national life. 


DATES OF PRINCIPAL EVENTS IN THE GROWTH 
OF AMERICAN INDEPENDENCE. 

1645-63 Navigation Acts. 

1760 George III. crowned. 

1761-64 Writs of Assistance. 

1763 Peace of Paris. 

1765 Stamp Act. 

1765 Act for the Quartering of Troops. 

1765 Colonial Congress. 

1766 Repeal of Stamp Act. 

1766 Declaratory Act. 

1767 Townshend Revenue Acts. 

1770 (March 5) Boston Massacre. 

1770 Repeal of Townshend Duties, except on Tea. 

1773 (December 16) Boston Tea Party. 

1774 (September 5) First Continental Congress. 

1775 (April 19) Battle of Lexington. 

1775 (May 10) Second Continental Congress. 

1776 (July 4) Declaration of Independence. 


CHAPTER III. 


THE REVOLUTIONARY GOVERNMENT. 

May 10, 1775, to March 1, 1781. 

The Revolutionary Government of Congress.—A revolu¬ 
tionary government is one formed to carry out the will 
of those who claim the sovereignty of a nation in oppo¬ 
sition to those who possess it. Such a government usually 
assumes an authority not delegated to it, but acts in the 
interests of those whom it represents, as necessity re¬ 
quires. This was the character of the government estab¬ 
lished by the Second Continental Congress. Its sole ob¬ 
ject was resistance to the tyrannical measures of the 
British Crown. To accomplish this, it created commit¬ 
tees upon military and Indian affairs and foreign relations, 
established a general treasury, appointed Washington 
commander-in-chief of the Continental Army, recom¬ 
mended to the colonial governments a uniform system of 
militia and provided for a continental postal service. To 
furnish revenue, paper money, known as “ Continental 
Currency,” was issued; for the large sums necessary to 
carry on the war could not be borrowed at home and 
a foreign loan had not as yet been proposed. 

Articles of Confederation.—But the Congress saw that 
its government was revolutionary and inadequate to meet 
the obligations which belong to sovereign states. There- 


THE REVOLUTIONARY GOVERNMENT 33 

fore, on the same day that the committee was appointed 
to draft the Declaration of Independence, another was 
selected, with Samuel Adams as its chairman, “ to pre¬ 
pare and digest the form of a confederation to be entered 
into between these colonies.’’ This committee made its 
report on July 12, 1776, but it was not until Novem¬ 
ber, 1777, that a form of government was agreed 
upon. Further delay was occasioned by the examination 
of the proposed plan by the state governments, and it 
was not until July 9, 1778, that the Articles of Confeder¬ 
ation were formally adopted. Then they were signed by 
the delegates of eight States—New Hampshire, Rhode 
Island, Massachusetts, Connecticut, Pennsylvania, New 
York, Virginia and South Carolina. The North Caro- 
lina delegates signed on the 21st, and three days later, 
those from Georgia. New Jersey ratified November 26, 
1778 ; Delaware, May 5, 1779 ; and Maryland, March 1, 
1781. 

Land Claims Delay Ratification.—The cause of the de¬ 
lay on the part of New Jersey, Delaware and Maryland 
grew out of a state of affairs which became of the great¬ 
est moment to the future history of government in the 
United States. Along the western frontier of the States 
lay great tracts of unoccupied lands. On the separation 
of the colonies from England, the States whose charters 
had extended their territory indefinitely west claimed, 
as the successor of the British Crown, the sovereignty of 
these vacant lands as far as the Mississippi River. 
Against these claims Maryland in particular vigorously 
protested, refusing to enter the Confederacy unless the 
sovereignty over these lands was made general, and de- 


34 


RISE OF AMERICAN INSTITUTIONS 


daring that if independence was secured it would be by 
the efforts of all the States, and, therefore, this territory 
should become the common property of the Confederacy. 

New York’s Action.—Affairs were in this condition 
when New York, in September, 1780, ceded to the Con¬ 
federacy all its claims to the lands lying westward of its 
present boundary. Induced by the sacrifice of New 
York, and fearing that England would be encouraged by 
the apparent dissensions among the States, the Maryland 
Legislature ratified the Articles in January, 1781, and in 
the same month Virginia ceded to the Confederacy all 
her claims to any part of the lands which are known as 
“ The North-West Territory.” The formal act of sub¬ 
scribing to the Articles by the Maryland delegates in 
Congress occurred March 1, 1781, and the following day 
the Congress assembled under the Confederation. 


DATES OF PRINCIPAL EVENTS RELATING TO 
ARTICLES OF CONFEDERATION. 

1776 June 11, Committee appointed on Plan of Government. 
July 12, First Report of Committee. 

Aug. 20, Second Report of Committee. 

1777 Nov. 17, Circular Letter sent to States. 

1778 July 9, Articles of Confederation signed by New Hamp¬ 

shire, Rhode Island, Massachusetts, Connecti¬ 
cut, Pennsylvania, New York, Virginia and 
South Carolina. 

July 21, Articles signed by North Carolina. 

July 24, “ “ “ Georgia. 

Nov. 26, “ “ “ New Jersey. 

1779 May 5, “ “ “ Delaware. 

1781 March 1, “ “ “ Maryland. 

March 2, Congress meets under Articles. 


CHAPTER IV. 

OUTLINE OF THE ARTICLES OF CONFEDERATION. 

1. Form and Purposes of the Union. —The form of the 
union was a confederacy, in which each State retained its 
sovereignty and every power not expressly delegated to 
the United States. The purposes of the Union were the 
common defense, the security of liberty and mutual and 
general welfare. 

2. The System of Government Established. —All the 

functions of government were to be exercised by a Con¬ 
gress of delegates, each State being represented by not 
more than seven or less than two (delegates) appointed 
annually; but in the proceedings of the Congress each 
State could cast only one vote, regardless of the number 
of its delegates. There was no provision for executive 
and judicial branches apart from the legislative. 

During a recess of Congress, which could not exceed 
six months, “ The Committee of the States,” consisting 
of one delegate from each State, was empowered to exer¬ 
cise certain of the powers of Congress, but no power 
which required the assent of nine States could be so 
exercised. 

3. The Powers of the Government.— The most impor¬ 
tant legislative powers were to declare war, appropriate 
money, borrow money and issue bills of credit, agree on 


30 


RISE OF AMERICAN INSTITUTIONS 


the number of land forces and make requisition upon each 
State for its proportion, determine the number of naval 
forces, and build and equip a navy. These powers could 
only be exercised by the assent of nine States. Besides 
the foregoing, the Congress, by a majority of the States, 
could make peace, establish rules concerning captures on 
land and sea, regulate coinage, fix a standard of weights 
and measures, make rules for the government of the army 
and navy, ascertain the money necessary for public ex¬ 
penses and apportion among the States the amounts 
which they must pay into the common treasury. 

The most important executive powers of Congress were 
to appoint a commander-in-chief of the army and to enter 
into treaties with foreign nations, provided no treaty of 
commerce should interfere with the right of each State 
to fix duties and imposts ; and to exercise these powers 
the assent of nine States was required. Congress could 
also, by a majority of the States, send and receive am¬ 
bassadors, establish post-offices and exact postage, ap¬ 
point civil officers and officers of the army and navy 
except regimental officers, direct the operations of the 
army and navy, and organize and conduct the common 
treasury of the Confederacy. 

The powers of the Congress relating to judicial matters 
were limited to the establishment of courts for the trial 
of piracy and felonies committed upon the high seas and 
to the determination of questions of boundary and juris¬ 
diction between two or more States. 

4. Restrictions upon the Government. —Besides the limi¬ 
tation of the government to those powers conferred upon 
it by the Articles, Congress was prohibited from granting 


OUTLINE OF ARTICLES OF CONFEDERATION 3? 


any titles of nobility, and its officers were forbidden to 
receive a reward, office or title from a foreign ruler or 
state. 

5. The Restrictions upon and Requirements of the States. 

—Without the consent of the United States no State 
could send or receive ambassadors or enter into any 
agreement or treaty with a foreign state, lay any imposts 
or duties which would interfere with any treaty previ¬ 
ously made by the United States, have land or naval 
forces in time of peace, engage in war unless actually in¬ 
vaded or to prevent an Indian outbreak, and grant letters 
of marque and reprisal except after a declaration of war 
by the United States or when a State was infested by 
pirates. 

Each State was required to grant to the people of every 
other State the same privileges as those possessed by its 
own, to surrender fugitives from justice upon proper re¬ 
quisition, to give full faith and credit to the records, acts 
and judicial proceedings of the other States, to levy and 
collect the taxes apportioned to it by the Congress for 
the purposes of the union and pay the same into the 
common treasury. 

6. Other Provisions.— The Articles also provided for 
the admission of Canada into the Union, pledged the 
public faith to the payment of money borrowed and debts 
contracted by the revolutionary government, declared 
that the union so formed should be perpetual and that 
the Articles could only be amended by an agreement of 
the Congress and the confirmation of the amendment by 
the legislature of every State. 


38 


RISE OF AMERICAN INSTITUTIONS 


ANALYSIS OF ARTICLES OF CONFEDERATION. 

• • 

Powers of Congress requiring the assent of 9 States , and 

which could not he exercised by the Committee of States. 


Legislative 


Executive 

Judicial 


f Declare war. 

Appropriately 
Borrow J 

[ Organize army and navy, 
f Make treaties. 

1 Appoint commander-in-chief, 
f Organize admiralty courts. 

1 Determine boundaries between States. 


Powers of Congress requiring the assent of 7 States, which 
could he exercised by Committee of States when Con¬ 
gress was not in session. 


Legislative 


Executive 


Make peace. 

Make rules as to captures. 

Regulate coinage, weights and measures. 
Pass military laws. 

Estimate expenses. 

I Determine method of land valuation. • 

' Send and receive ambassadors. 

Control the postal service. 

• Appoint officers of the army and navy. 
Direct military operations. 

Conduct the common treasury. 


Limitations on States. 


Restrictions 


Requirements 


Send or receive embassies. 

Make treaties. 

Lay imposts or duties contrary to treaty. 

Have an army in times of peace. 

Engage in war. 

ic. Grant letters of marque in times of peace. 
Grant equal rights to citizens of other States. 
Surrender fugitives of justice from other States. 
^ Recognize records of other States. 

Keep a disciplined militia. 

[ Levy and collect proportion of taxes. 









CHAPTER V. 


THE GOVERNMENT UNDER THE ARTICLES OF 
CONFEDERATION. 

March 2 , 1781, to March 4, 1789. 

Condition at Close of War.—The independence of 
America having been recognized in 1783, the inefficiency 
of the government became evident to the statesmen of 
the Confederacy. The greatest weakness lay in the fact 
that the functions of government were not performed by 
separate branches, but were all vested in the Congress, 
which, while it possessed sufficient legislative powers, 
had not the executive power to put them into effect. It 
could declare war, but possessed no means to carry it on ; 
it could make peace, but could not compel the States to 
comply with the terms ; it could appropriate money, but 
had no power to levy and collect taxes ; and, finally, 
there was no provision for the control of the “North- 
West Territory ” or for the regulation of commerce. 

Attempts to Correct Articles.—Immediately upon the 
termination of the war, attempts were made to rectify 
the faults of the Articles; but these were futile, as each 
State turned to the advancement of its local interests and 
opposed any agreement to surrender, for the benefit of 
all, any rights which it possessed. The Confederacy was 
gradually disintegrating—the States drawing apart from 


40 


RISE OF AMERICAN INSTITUTIONS 


each other. There were rumors of *a division into two or 
more confederacies, and even a monarchy was suggested. 

The Public Lands.—One thing, however, tended to hold 
the Union together—the ownership of the public lands. 
Any State withdrawing from the Confederacy would lose 
its interest in the Western Territory, whose great resources 
were then beginning to be realized. Besides this, Con¬ 
gress in its struggle to maintain the credit of the nation 
had sold portions of this land to meet the public debt. 

Commerce.—The recognized necessity of uniform com¬ 
mercial relations was, however, the immediate cause of 
the strengthening of the union. The lack of power in 
Congress to regulate trade had left the States to act sepa¬ 
rately in this important matter. The result was a great 
variance in the laws, and commerce became so demoral¬ 
ized that the Virginia Legislature called upon the other 
States to send delegates to a convention at Annapolis in 
September, 1786, to see if some plan could not be devised 
for the establishment of a uniform system of trade regu¬ 
lations among all the States. 

Annapolis Convention.—At the convention which met 
in response to this appeal, delegates from only five States 
were in attendance, and the object for which it was called 
was not attained. But the discussions which were held 
disclosed the fact that the weakness of the government 
was generally recognized, and led to a resolution sug¬ 
gesting a convention of delegates from all the States “ to 
devise such further provisions as might appear necessary 
to render the constitution of the Federal Government 
adequate to the exigencies of the Union.” 

Constitutional Convention.—After considerable delay 



GOVERNMENT OF THE CONFEDERACY 


41 


Congress adopted the suggestion and issued a call to the 
States to send delegates to a convention to meet at Phila¬ 
delphia, May 14, 1787. It was not, however, until the 
end of May that the convention was formally opened, 
but from that time the delegates from the twelve States 
represented (Rhode Island having failed to send a delega¬ 
tion) were in continuous session until September 17, 1787, 
when they completed the scheme of government which 
is known as the Constitution of the United States. 


CHAPTER VI. 


THE STATE GOVERNMENTS. 

Colonial Governments; Provincial.—Colonial govern¬ 
ments are usually divided into three classes: Provincial 
(Royal or Crown), Proprietary and Charter. Hew Hamp¬ 
shire, Hew York, Hew Jersey, Virginia, the Carolinas and 
Georgia had Provincial Governments. They possessed 
no charters or grants, hut were under the control of royal 
governors, whose only limitations were their commissions 
and the will of the crown, who appointed and removed 
them at pleasure. There was also a council appointed by 
the crown or governor, which aided the governor in his 
duties and formed the upper house of the colonial legis¬ 
lature. The governor was also authorized to summon an 
assembly, chosen by the people of the colony, which 
formed the lower house of the legislature. These two 
legislative houses had the right to make laws concerning 
local matters, but their acts could be vetoed by the gov¬ 
ernor and annulled by the crown. The governor, as the 
royal representative, possessed exceptional powers. He 
could remove members of the council and prorogue, or 
dissolve, the assembly and order another election. 

Proprietary.—Maryland, Pennsylvania and Delaware 
had Proprietary Governments ; that is, the rights of local 
government were granted by the crown to a certain indi- 


THE STATE GOVERNMENTS 


43 


vitlual termed the “ proprietary ” or “ lord proprietary.” 
The form of government was similar to that of the royal 
colonies. The proprietary either appointed a governor 
or acted in that capacity himself, selected a council and 
authorized the assembling of representatives for local leg¬ 
islation. In Maryland the acts of the proprietary gov¬ 
ernment were not subject to royal approval ; but over 
those of Pennsylvania and Delaware the crown possessed 
a veto power. 

Charter.—The Charter Governments comprised Massa¬ 
chusetts, Connecticut and Rhode Island. The charters, 
which were granted by the crown, were, in fact, written 
constitutions, which the sovereign was bound to respect, 
and established a form of government similar in many 
respects to the two classes already described. In Massa¬ 
chusetts the governor was appointed by the crown, but 
the people were represented by an assembly chosen by 
them, and their representatives had the privilege of 
selecting the governor’s council. The people of Con¬ 
necticut and Rhode Island possessed the same rights as 
those of Massachusetts, with the further privilege of elect¬ 
ing their own governors. In fact, they were true repub¬ 
lics, with whose local government the English sovereign 
could not legally interfere. 

Change to State Governments.—With the opening of the 
War for Independence all the colonies except Rhode 
Island and Connecticut organized provisional govern¬ 
ments similar to those with which they were familiar, 
substituting elections by the people in place of appoint¬ 
ments by the crown or the lord proprietary. 

Character of the New Governments.—As a consequence 


44 


RISE OF AMERICAN INSTITUTIONS 


of the hatred which had been engendered against the 
royal governors daring the period immediately preceding 
the war, the powers of the chief executive in the new 
governments were much more limited than under the 
colonial governments. There was such strong opposition 
to the idea of a single executive that at first in Pennsyl¬ 
vania, Delaware, New Hampshire and Massachusetts a 
council was substituted in place of a governor, and it was 
not until 1792 that Delaware recognized that a governor 
elected by the people was not a menace to liberty. The 
assembly of representatives, chosen by the people, which 
was found in every colony, was retained without change, 
as it was clearly republican in character. The governor’s 
council became the senate, elected by the people or by 
their representatives, but to which no one could be chosen 
unless he possessed certain qualifications. At first, in 
Pennsylvania and Georgia the entire legislative power 
was vested in the assembly, but later these States adopted 
the dual form of legislature. 

The English System the Model.—These State govern¬ 
ments were in their general form modeled after the Eng¬ 
lish system, as it was understood by the colonists. The 
governor resembled the English ruler. The upper house 
of the legislature, like the House of Lords, was supposed 
to represent the land owners and wealthy colonists, as 
the “ Lords ” represented the English nobility. The 
lower house, like the House of Commons, was composed 
of representatives of all classes, without distinction as to 
rank or social position. There was this difference, how¬ 
ever, between the two systems. In England the King 
and the “ Lords ” were hereditary, and the “ Commons ” 


THE STATE GOVERNMENTS 


45 


only were chosen by the people, while in the States all 
officers were selected by popular vote ; in England the 
sovereignty was in the monarch, while in America it was 
in the people. 


ANALYSIS OF COLONIAL GOVERNMENTS. 


Provincial (New Hampshire, New York, New Jersey, Virginia, 
the Carolinas and Georgia). 

{ Crown 


Legislative 


or 

l Governor. 

Assembly chosen by Colonists. 
Veto by Governor. 

Veto by Crown. 

Executive : Governor appointed by the Crown. 
Judicial: Judges appointed by the Crown. 


Proprietary (Maryland, Pennsylvania and Delaware). 

r Council appointed by Lord Proprietary. 
Legislative j Assembly chosen by Colonists. 

I Veto by Governor and in some cases by Crow u. 
r Lord Proprietary 
Executive j or 

l Governor appointed by Lord Proprietary. 
Judicial: Judges appointed by Lord Proprietary. 


Charter (Massachusetts, Connecticut and Rhode Island). 

{ Council selected by Representatives. 
Assembly chosen by Colonists. 

Veto by Governor. 

r Appointed by Crown 
Executive: Governor < or 

l Selected by Colonists. 
c Appointed by Crown 
Judicial: Judges -j or 

l Selected by Colonists. 



CHAPTEK YII. 


THE CONSTITUTIONAL CONVENTION. 

Prominent Delegates.—Of the fifty-five delegates who 
took part in the Constitutional Convention, three are 
particularly worthy of mention. These are George Wash¬ 
ing ton, James Madison and Alexander Hamilton. 

Washington.—On the organization of the Convention, 
Washington was unanimously chosen president. His 
difficulties as commander-in-chief and the progress of 
events since 1783 had convinced him that some decisive 
action was necessary to preserve the Union. His views 
as to the necessary steps were general ; he left the detail 
to others. But he possessed a profound comprehension 
in applying governmental principles to present needs, 
while his experience during the war had broadened his 
views, so that they were national rather than local. In 
fact, he seemed to belong to all the States, and not to 
Yirginia alone, and throughout the deliberations at Phila¬ 
delphia he sought the general good rather than the ad¬ 
vancement of the interests of his own State. 

Madison.—The most active delegate was James Madison, 
then thirty-six years of age. He had served his State in 
Congress and had been prominent in the legislature. It 
was Madison who conceived the idea that distinct national 
and state sovereignties might exist in one system of gov- 



THE CONSTITUTIONAL CONVENTION 


47 


eminent and be applied to the same individuals ; and it was 
his draft of a scheme of government, known as the u Vir¬ 
ginia Plan,” which became the basis for our present Con¬ 
stitution. During the sessions Madison not only spoke 
on every important question, but kept full notes, which 
are our chief source of knowledge of the proceedings of 
the Convention. 

Hamilton.—Equally prominent with Madison was Alex¬ 
ander Hamilton, then thirty years old. He had been 
a member of Congress and a delegate to the Annapolis 
Convention. His influence upon the Convention was 
marked, for it was through his efforts that the national 
government obtained a large part of the power with 
which it was clothed by the Constitution. His strength 
lay in his great knowledge of the principles of govern¬ 
ment, his power to apply them, and his ability to present 
his opinions in a clear and convincing manner. 

Franklin.—Of almost equal influence was Benjamin 
Franklin, then in his eighty-second year. His knowl¬ 
edge of public affairs extended over half a century, and 
he had represented the colonies and States in foreign 
countries for twenty-five years. This experience gave to 
his utterances a weight which their brevity and common- 
sense enhanced. He was the peacemaker of the Conven¬ 
tion. When debates became bitter or too personal, it 
was Franklin who by his wit and tact restored the dele¬ 
gates to good humor. When the Constitution was drafted 
in its final form, it was Franklin who moved its adoption, 
using in part the following words, which breathe the 
loftiest patriotism: 

The opinion I have had of its errors, I sacrifice to the public 


48 


RISE OF AMERICAN INSTITUTIONS 


good. Within these walls they were born, and here they shall 
die. If every one of us, in returning to our constituents, were to 
report the objections he had to it . . . we might prevent its 

being generally received, and thereby lose all the salutary effects 
and great advantages resulting naturally in our favor among 
foreign nations as well as among ourselves from our real or 
apparent unanimity. ... I hope, therefore, that for our own 
sakes as a part of the people, and for the sake of posterity, we 
shall act heartily and unanimously in recommending this Con¬ 
stitution . . . wherever our influence may extend, and turn 

our future thoughts and endeavors to the means of having it well 
administered. 

Other Statesmen Present.—Among the other prominent 
delegates was James Wilson of Pennsylvania, a signer of 
the Declaration of Independence and the great apostle of 
representative government. He was one of the leading 
American lawyers of his day, and his speeches in favor 
of the Constitution present the advantages of popular 
representation in the strongest light. There were also 
present Gouverneur Morris, to whose pen we are indebted 
for the clear and concise style of the Constitution, 
Charles Cotesworth Pinckney of South Carolina, Rufus 
King and Elbridge Gerry of Massachusetts, and Roger 
Sherman of Connecticut. 

Statesmen Absent.—Conspicuously absent from the Con¬ 
vention were Thomas Jefferson, at that time representing 
the Confederacy in Europe, and John Jay, then Secre¬ 
tary of Foreign Affairs. John Hancock and John Adams 
were not delegates, and Samuel Adams and Patrick Henry 
were opposed to any change in the existing government. 

Systems of Government Discussed.—Three forms of re¬ 
publican government were discussed in the Convention: 
namely, the National , which placed the power in the 


THE CONSTITUTIONAL CONVENTION 


49 


hands of a central government and substantially did away 
with State lines except for the purposes of governing ; 
the Confederate or Federal , which was similar to that 
instituted by the Articles of Confederation ; and a third 
form, a compromise between the others, which placed the 
power in all national matters in a central government, 
and left the local matters of each State to the exercise of 
its own sovereignty. Under the latter plan both the 
general and State governments dealt, in their separate 
capacities, with the individual. 

Plans Proposed.—At the very outset, two plans were 
presented to the Convention. One of these, based upon 
the national idea, was prepared by Madison, and was 
known as the “ Virginia Plan.” The other, based upon 
the confederate or federal* principle, was the work of 
Charles Cotesworth Pinckney. On June 13 the com¬ 
mittee to which these plans had been referred reported 
favorably on the “ Virginia Plan.” Then the New 
Jersey delegates submitted what is known as the “ New 
Jersey Plan,” which proposed a government similar in 
many respects to that of the Confederacy. The larger 
States favored the “ Virginia Plan,” which based a 
State’s representation in the central government upon 
the number of its inhabitants, and gave the national leg- 


* Use of the Word “ Federal .”—With the adoption of the Constitu¬ 
tion the word “ federal ” became generally applied to the system of 
government thereby established, while the system based upon a 
league between independent States was termed a “confederacy.” 
Thus the word “ federal ” was applied to the party which aimed at 
the adoption of the Constitution; and during the late civil war the 
same term was used to designate the Union forces, while the word 
“ confederate ” was applied to the armies of the seceding States. 


50 


RISE OF AMERICAN INSTITUTIONS 


islature the power of veto over state legislation ; while 
the smaller States supported the “ New Jersey Plan,” 
which gave to each State an equal voice in the general 
government. Both plans differed radically from the 
Articles of Confederation, in that the three branches of 
government—the executive, legislative and judicial— 
which in the Confederacy had all been joined in the Con¬ 
gress, were separate and distinct. 

Virginia Plan Adopted.—The general outline of the 
“ Virginia Plan ” was adopted, and the Convention pro¬ 
ceeded to take up the different subjects in detail and to 
harmonize the antagonisms among the various factions. 
It was during these discussions that the patience and 
patriotism of the delegates were often taxed to the 
utmost, and it was only through concessions by all that 
their labors were in the end successful. 

Constitution Submitted to the States.—The completed 
Constitution, a mass of compromises, was then submitted 
to the States for adoption. Conventions were called and 
a period of the most intense excitement followed. The 
work was attacked on all sides. The conservative ele¬ 
ment in the different States strenuously opposed the new 
form of government. They saw the power of the States 
diminished, and in their stead a central government 
established, which they believed to be so strong as to 
endanger state and personal liberty. Objections were 
made to the Executive, to Senators and Representatives 
voting as individuals, to an oath of allegiance to the 
general government, and particularly to the absence of a 
Bill of Rights. The delegates were also made the object 
of attacks and their motives were questioned. 


THE CONSTITUTIONAL CONVENTION 


51 


“The Federalist.”—It was in meeting and answering 
these objections that Hamilton, assisted by Madison and 
Jay, was most active, and exerted a powerful influence in 
obtaining the ratification of the Constitution. Their 
replies and arguments, published in a series of papers 
known as “ The Federalist,” and which is still considered 
among the most learned and valuable treatises upon the 
Constitution, silenced all attacks and convinced the peo¬ 
ple of the benefits of the proposed change. And after 
prolonged discussions, and even riots and violence, the 
conventions met, the work was ratified * and the estab¬ 
lished Constitution went into effect March 4, 1789. 

A list of the delegates is placed in Appendix II. 

* The States ratified the Constitution in the following order : Delaware, 
December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, 
December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 
1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South 
Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 
26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; 
and Rhode Island, May 29, 1790. 


PART THIRD. 


THE FEDERAL GOVERNMENT. 

CHAPTER I. 

THE PREAMBLE. 

Many conflicting opinions exist concerning the sources 
of American institutions. One extreme view is that of 
Sir Henry Maine, who says that the “ Constitution of the 
United States is a modified version of the English Con¬ 
stitution . . . which was in existence between 1760 

and 1787.” In other words, American institutions are a 
mere copy of those of the England of that period. The 
other extreme is expressed by Mr. Gladstone—that “ it is 
the greatest work ever struck off at any one time by the 
mind and purpose of man.” That is, that the scheme of 
government as set forth in the Constitution is wholly 
original and the invention of the members of the Con¬ 
stitutional Convention. Each of these views is partially 
wrong. The Constitution is not a copy, nor is it entirely 
original. The safer statement is that it is the product of 
the experience and observation of the people in their 
connection with England, their colonial and state govern¬ 
ments, and the Confederacy of 1781. This experience 
and observation had impressed upon the people the im¬ 
portance of a stable union. Its advantages had been 


THE PREAMBLE 


53 


seen during the colonial period under the distressing cir¬ 
cumstance of French invasion and Indian outbreak. Its 
necessity had been emphasized during the struggles of the 
War of Independence. Its weakness had been realized 
under the loose league of the Confederacy. 

During the war the purpose to win independence held 
the States together ; but when this was attained and the 
danger of foreign aggression had been removed, sectional 
prejudices and local interest proved stronger than the 
common tie, and the “ league ” began to fall apart. The 
faults of the Confederacy were apparent. Washington 
called them to the attention of the States ; and Hamilton 
and others, foreseeing the danger of disintegration, ear¬ 
nestly urged the establishment of a stronger government. 
It was to correct these faults and save the Union that the 
Constitutional Convention had been called. The problem 
before the delegates was definite. Their task was to de¬ 
vise such provisions as should “ appear to them necessary 
to render the . . . Federal Government adequate to 

the exigencies of the Union.” 

With the single exception of the experiment of the 
Confederacy, American experience had been limited to 
governments which dealt directly with the individual. 
This was the basis of government in England, the Col¬ 
onies and the States, but it was not so in the Confed¬ 
eracy. The latter dealt only with States, and the 
chief cause of its failure had been its inability to control 
the individual. Fully comprehending this defect, the 
Convention changed the basis of government and made 
authority over the individual the fundamental principle. 

Such a change in the object of governmental influence 


54 


THE FEDERAL GOVERNMENT 


necessitated a corresponding change in the source of gov. 
ernmental authority, for it was a principle of civil liberty, 
developed through the ages by the constant struggle 
against arbitrary rule, that governments derive “ their 
just powers from the consent of the governed.” This 
had been the foundation of colonial resistance to the 
tyrannical acts of the English Ministry, and in the Dec¬ 
laration of Independence it had been prominently asserted 
as a right which authorized the establishment of a new 
nation. The principle had been recognized in the Con¬ 
federation, for the authority of the central government 
had been granted by the States—the governed. 

Under the Constitution the governed were no longer 
the States ; they were the individuals composing the 
States. “ The People of the United States ” must, there¬ 
fore, be the source of power ; they must be made parties 
to the agreement before the government could justly ex¬ 
ercise authority over them as individuals ; their consent 
would make possible the remedy which was sought ; and 
this attained, perfect union was assured. 

This principle became the controlling idea in the Con¬ 
vention. And when by their solemn act the people 
adopted the Constitution and became parties to the 
national compact, a government was established which 
originated, as Daniel Webster declared, “ entirely with 
the people and rests on no other foundation than their 
assent”—a government “ of the people, by the people 
and for the people,” a government of a union which the 
test of civil war has proved to be indivisible. It is the 
announcement of this principle and its application which 
is contained in the Preamble of the Constitution. For it 


THE PREAMBLE 


55 


asserts that the fundamental law and the government 
thereby established are the work of the people, and that 
the powers conferred were not delegated by sovereign 
States, but by the individuals of the United States, and 
it confidently declares the purposes of the governed and 
the benefits which would result in these memorable 
words: 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro¬ 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 


CHAPTER II. 


THE LEGISLATIVE BRANCH. 

/. CONGRESS . 

The National Legislature.—Among the first decisions 
reached in the Constitutional Convention was the division 
of the Government into three branches—the Legislative, 
Executive, and Judicial—and it was provided that: 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives. (Art. I, Sec. 1.) 

Parliament.—At the time of the Constitutional Conven¬ 
tion the English legislature was a parliament, consisting 
of two “ houses ” : the “ Lords ” and “ Commons.” The 
House of Lords was composed of men theoretically pos¬ 
sessing great ability, deriving their office not from the 
people, but from birth or appointment by the crown, and 
having in the main a life tenure. Conservative, digni¬ 
fied and removed from popular agitation and influence, 
it was a preserver of traditions and an opponent to the 
advancement of democratic principles. The House of 
Commons was composed of elective representatives, men 
of the people, chosen for short or uncertain periods, and 
swayed by the passions of their constituents. Radical, 
hasty, influenced by popular clamor, it was antagonistic 


CONGRESS 5 7 

to ancient privileges and the promoter of the growing 
power of the people. 

American Legislatures.—In the several States there pre¬ 
vailed practically the same system, but under the Con¬ 
federation the legislature consisted of a single “ house.” 
One of the earliest and bitterest contests of the Conven¬ 
tion of 1787 arose out of the discussion as to the form of 
the national legislature. 

The Virginia Plan.—The “ Virginia Plan ” provided 
for a legislature consisting of two houses, the members of 
the lower body to be elected directly by the people, while 
those of the upper house were to be chosen by the lower 
house from persons nominated by the legislatures of the 
respective States. The representation in both houses was 
to be proportionate to population ; and upon all questions 
the votes of the individual members were to be counted, 
a practice contrary to that of the Continental Congress 
and the Congress of the Confederacy. This proposition 
was opposed by the smaller States, which viewed it as an 
attempt to give the control of national affairs to the 
larger States. It was, in fact, a plan to secure represen¬ 
tation to the people as individuals and to remedy one of 
the defects existing under the Articles of Confederation. 

The New Jersey Plan.—The “ New Jersey Plan ” pro¬ 
posed a continuance of the Congress of the Confederacy. 
It was intended to preserve the full power and influence 
of each State, jealous of its own rights and envious of the 
growing importance of its neighbors. 

Connecticut Compromise.—It was early decided that 
there should be two houses. The next point of discussion 
was the basis of representation,—whether the unit of rep- 


58 THE FEDERAL GOVERNMENT 

resentation should be the State or the individual. A 
solution was presented by the Connecticut delegates, who 
were familiar with a legislature of two houses, the mem¬ 
bers of which were chosen in different ways. They pro¬ 
posed that the members of the lower house should be 
elected by the people in proportion to the population of 
the several States— i.e ., individual representation ; while 
in the upper house each State should have an equal num¬ 
ber of members— i.e., State representation. This is 
known as the “ Connecticut Compromise.” 

Representation.—It was finally provided that: 

The House of Representatives shall he composed of members 
chosen every second year by the people of the several States, 
. . . (Art. I., Sec. 2, Cl. 1.) 

The Senate of the United States shall he composed of two 
Senators from each State, chosen by the legislatures thereof, for 
six years ; and each Senator shall have one vote. (Art. I., Sec. 3, 
Cl. 1.) 

Thus there was an apparent copying of the English 
system in the establishment of a Congress which resem¬ 
bled Parliament in having two houses, the members of 
which differed as to manner of election and term of office, 
and only one of which houses directly represented and 
was responsible to the people, as individuals. And yet 
this copy is not real, for in England the House of Lords 
represents a class of society, while the Senate represents 
all the people of the State as a political body. 

Qualifications of Members.—The framers of the Consti¬ 
tution recognized a difference between these two houses, 
not only in composition, but also in the character of the 
members. It was expected that the Senate would be the 


CONGRESS 


59 


more dignified body, and would demand men of greater 
learning, broader views and more extended experience 
than those of the lower house. Provision was made 
to meet this expectation by requiring as qualifications 
that: 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, . . . (Art. I., Sec. 3, Cl. 3.) 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, . . . (Art. I., Sec. 2, Cl. 2.) 

It will be observed that in the case of both Senators 
and Representatives extended citizenship is made a neces¬ 
sary qualification, to the ej d that their interests may be 
to the fullest degree in sympathy with the welfare of the 
nation. And to further emphasize this sympathy, and 
extend it to the States, it is required that each shall, 
“ when elected, be an inhabitant of that State ” in or 
for “ which he shall be chosen.” (Art. I., Sec. 2, Cl. 2, 
and Sec. 3, Cl. 3;) And further, in order to secure the 
time and talents of such members to the legislative busi¬ 
ness of the government, it is provided that: 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the author¬ 
ity of the United States, . . . ; and no person holding any 

office under the United States shall be a member of either house 
during his continuance in office. (Art. I., Sec. 6, Cl. 2.) 

This provision prevents the possibility of dishonest 
practices on the part of officials who, as such, might be 
responsible to themselves as members of Congress, or who 
in the latter capacity might determine the compensation 


60 


THE FEDERAL GOVERNMENT 


which they would receive in the other. Neither can a 
Senator or Representative be appointed as an Elector for 
the election of President. (Art. II., Sec. 1, Cl. 2.) The 
reason for this provision will be considered under the 
Executive Branch. 

Apportionment.—The next difference in the Constitu¬ 
tional Convention arose over the method of apportioning 
the Representatives among the several States. In this 
controversy the parties were no longer the large and the 
small States, but those who favored and those who op¬ 
posed slavery. The “ Virginia Plan ” had provided for 
representation proportionate to the population of the 
States, and this was interpreted by the delegates from the 
States which depended chiefly on slave labor to include 
slaves as well as freemen. On the other hand, the States 
whose citizens had few slaves claimed that, inasmuch as 
slaves were not entitled to any political privileges, such 
an interpretation was illogical and would give greater 
political power to the free voter in the “ slave ” State 
than to his brother in the “ free ” State—a principle op¬ 
posed to the ideas of civil equality. This question be¬ 
came involved with another—the basis of taxation. It 
is a principle of justice that those who enjoy benefits 
must bear the attendant burdens. So the ‘ 6 free ’ ? States 
insisted that taxation and representation should be ap¬ 
portioned on the same, basis, and that if the slave was 
to be counted for the purpose of representation, so he 
must be counted for the purpose of apportioning taxes. 
This was opposed by the “ slave ” States, and a crisis was 
imminent when Madison proposed a solution in the form 
of a compromise by which it was determined that; 


CONGRESS 


61 


Representatives and direct taxes shall be apportioned among 
the several States . . . according to their respective numbers, 

which shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of years, and 
excluding Indians not taxed, three fifths of all other persons. 
(Art. I., Sec. 2, Oh 3.) 

Ratio.—The first apportionment of such representation 
was made on the basis of one Representative for every 
thirty thousand people (Id.). Thus, if a “ freO ” State 
had a population of three hundred thousand persons, 
and a “ slave ” State a population of two hundred and 
ten thousand free persons and one hundred and fifty thou¬ 
sand slaves, a total population of three hundred and sixty 
thousand persons, each State would be entitled to ten 
Representatives and be liable to pay an equal amount of 
a national tax. Lest any State should be unrepresented 
by reason of a population of less than the ratio, it was fur¬ 
ther provided that “ each State shall have at least one 
Representative”^.). 

This method of apportioning Representatives and direct 
taxes continued until after the Civil War, when, in order 
to complete the work of granting full rights to the freed- 
men, Amendment XIV. was adopted, the second section 
of which provides that: 

Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole num¬ 
ber of persons in each State, excluding Indians not taxed. But 
when the right to vote ... is denied to any of the male 
inhabitants of such State, being twenty-one years of age, and 
citizens of the United States, . . . except for participation in 

rebellion or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty- 
one years of age in such State. 


G2 


THE FEDERAL GOVERNMENT 


Each State, therefore, is entitled to representation pro¬ 
portionate to the whole number of its citizens, and cannot 
be deprived of such right, save by its own act in unduly 
restricting political privileges. 

Increase of Members. — The Constitution does not fix 
the number of members in either house, but leaves it sub¬ 
ject to change. Such changes have occurred as the coun¬ 
try has grown in population, and the ratio of representa¬ 
tion has been increased after each national census,* taken 
in pursuance of the Constitution (Art. I., Sec. 2, Cl. 3), 
until it is now (1911) over one hundred and ninety-four 
thousand, notwithstanding which the House has grown 
from a body of sixty-five in the First to one of three hun¬ 
dred and ninety in the Sixty-second; and in the first ses¬ 
sion of the present Congress (1911), which began April 4, 
1911, there were three hundred and ninety-one members/)* 
A similar growth has also occurred in the Senate. Al¬ 
though no change has been made in a State’s representa¬ 
tion in the upper house, each State admitted to the Union 
has added two members to that body; so that it has in¬ 
creased from a membership of twenty-six to ninety-six. 

Term of a Congress. — The first Senators elected were, 
in pursuance of the Constitution (Art. I., Sec. 3, Cl. 2), 
divided into three classes with terms expiring in two, four, 
and six years respectively. As a result, one-third of the 
Senate has to be renewed every two years (Id.). This fact, 
together with the provision for the election of Representa¬ 
tives, determines the life of a Congress as two years. 

Sessions. — A Congress begins on the 4th day of March 
* Taken in 1790, and each tenth year since. 

f After March 3, 1913, the ratio of apportionment shall be 211,877 
population and the number of Representatives 433. Arizona and 
New Mexico will elect one member each to the present Congress. 



CONGRESS 


63 


in every odd-numbered year and continues until the sec¬ 
ond succeeding 4th day of March. Such 4 ‘ Congress shall 
assemble at least once in every year” (Art. I., Sec. 4, 
Cl. 2). This meeting is called a session , and the regular 
date for its commencement is the first Monday in Decem¬ 
ber. A Congress has thus two sessions. The first, called 
the “Long Session,” commencing on the first Monday 
in December in an odd-numbered year, continues until 
the next succeeding spring or summer. The second, or 
“Short Session,” commencing on the first Monday in 
December in an even-numbered year, continues until the 
next 4th day of March. As a Representative is elected 
in an even-numbered year, it happens that more than a 
year elapses between his election and the first session of 
the Congress to which he is elected. But this is not 
always so. If necessary, Congress can be assembled by 
the President as soon as it comes into being ; for he can, 
“ on extraordinary occasions, convene ” Congress (Art. 
II., Sec. 3), so that there may be more than the two regu¬ 
lar sessions. This happened in the Fifty-fifth Congress, 
in which there were three sessions. 

Place of Meeting.—Congress convenes in the Capitol 
in the City of Washington, the two houses meeting in 
rooms in the opposite wings of the building, known as 
the Senate Chamber and Hall of Representatives. But 
whenever for any cause it would be dangerous for the 
members to meet at their usual places, the President is 
authorized to convene Congress at any other place he 
may deem proper. 

Change in “House.”—It is possible that there may be 
in each Congress a House of Representatives composed of 


64 


THE FEDERAL GOVERNMENT 


members entirely different from those of the preceding 
Congress. Theoretically, each “ House ” is new. 

The framers of the Constitution looked upon the 
House as the direct channel for the expression of the 
public will. Hence it has often happened that the mem¬ 
bership of that body has so changed that the majority in 
one House has been of opposite political faith to that 
of the preceding one, as the popular mind has been 
changed by some crisis. 

Stability of Senate.—With the Senate this is not so. 
This body is never new. Only one-third of its members 
is changed at the same time, so that it is continuing, two- 
thirds being composed of men of legislative experience. 
As a result, the Senate is not materially affected by. 
change in popular sentiment. 

Characteristics Contrasted.—Thus we may view the two 
houses of Congress as reflecting the general character 
of the two houses of Parliament—the one, the House, 
vigorous, active, progressive, full of popular spirit and 
often chosen to meet the demands of present conditions ; 
the other, the Senate, calm, slow and bound by tradi¬ 
tion ; the one, a spur and promoter of legislation, the 
other, a check and curb. 

2. SENATORS AND REPRESENTATIVES . 

Election. —The times, places and manner of holding elections 
for Senators and Representatives, shall be prescribed in each 
State by the legislature thereof ; but the Congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing Senators. (Art. I., Sec. 4, Cl. 1.) 

Under this provision Congress can divide States into 


SENATORS AND REPRESENTATIVES 


65 


Congressional Districts and take any action relative to 
the election of members except to change the place of 
electing Senators, or, under Clause 1 of Section 2 of Arti¬ 
cle I., to prescribe the qualifications of electors of Repre¬ 
sentatives. Congress has, however, left these matters 
almost entirely to the several States, only prescribing a 
few rules for the purpose of uniformity. 

Senators.—Senators are elected by the legislatures of 
the States. Such election takes place on the second Tues¬ 
day after the organization of the legislature chosen next 
before the expiration of the preceding senatorial term. 
In each house of the legislature the members present, by a 
viva voce vote, name a person or persons for Senator, and 
the name of the person receiving the greatest number of 
votes is entered upon the journal of that house. At noon 
on the next day the members of both houses meet in a 
joint session, at which the journals of the two bodies are 
read, and if the same person received a majority of the 
votes in both houses he is declared elected Senator. 
However, if no person receives such majorities, the mem¬ 
bers in joint session proceed by a viva voce vote to choose 
a Senator, a majority of all the members being necessary 
for an election. If such a majority is not secured at the 
first session, the two houses meet jointly at noon on each 
succeeding legislative day and take at least one ballot for 
Senator until one is elected or the legislature adjourns. 
If a vacancy in the representation of any State in the 
Senate occurs by reason of death or otherwise, such 
vacancy is filled by the legislature in the same manner 
as a Senator is regularly elected. But if such vacancy 
should occur during a recess of the legislature, the gov- 


66 


THE FEDERAL GOVERNMENT 


ernor of such State may fill the vacancy by a temporary 
appointment until a Senator is elected at the next session 
of the legislature (Art. I., Sec. 3, Cl. 2) ; but the gov¬ 
ernor cannot make such an appointment after the legisla¬ 
ture has failed to elect. A person so elected or appointed 
receives from the governor of the State a certificate of his 
election or appointment directed to the President of the 
Senate of the United States. 

Representatives.—The number of Representatives to 
which each State is entitled is determined by Congress 
after each decennial census. Congress has fixed the time 
of their election as the “ Tuesday next after the first 
Monday in November ” in every even-numbered year. In 
States entitled to more than one Representative, they are 
elected by “ districts composed of contiguous territory 
and containing as nearly as possible an equal number of 
inhabitants,” which districts are determined and the 
boundaries fixed by the legislatures of the States. When, 
in a reapportionment, a State’s representation is increased, 
the additional Representatives are chosen by vote of the 
whole State, until the State is redistricted. They are 
called Representatives or Congressmen at Large . 

Gerrymandering.—This division of a State into Congres¬ 
sional Districts has often led to a political process called 
“ gerrymandering, ” whereby the dominant party in the 
State has so manipulated the division as to secure to itself 
the greatest possible number of Representatives. The 
scheme, though originating in Virginia, is named from 
Elbridge Gerry, during whose term as Governor of Massa¬ 
chusetts, that.State was so redistricted that one of the 
districts resembled a salamander, which a political oppo- 


SENATORS AND REPRESENTATIVES 


67 


nent called a “ gerrymander.” The process consists of 
uniting hostile sections into one district, or of adding to 
a district in which the sentiment is evenly divided a sec¬ 
tion in which the friendly votes are sufficient to give the 
control to the dominant party. 

Residence.—Although by the Constitution a Represent¬ 
ative is only required to be a resident of the State from 
which he shall be chosen, custom has added that he also 
reside in the district from which he is elected. This is 
often criticised for the reason that it limits selection and 
excludes many persons of preeminent ability because of 
residence in districts which the opposite political party 
dominates. It is contrary to the English custom, which 
permits the election of a member of the House of Com¬ 
mons from a political division in which he is neither a 
resident nor has property. But the American custom 
makes the representative of a district acquainted with the 
needs and wishes of his constituents and guarantees a 
more general representation by precluding the possibility 
of all the representatives being chosen from one class or 
section of a State—a condition contrary to the theory of 
a republican form of government. 

Qualifications of Voters.—It is a notable fact that Rep¬ 
resentatives are the only members of the national govern¬ 
ment elected directly by the people. For the purposes of 
their election it is provided that 

the electors in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State legislature. 
(Art. I., Sec. 2, Cl. 1.) 

This is a matter beyond the control of Congress and 
entirely within the power of the States to determine. 


08 


THE FEDERAL GOVERNMENT 


Hence the qualifications vary. In some States only males 
twenty-one years of age possess the electoral privilege. 
In others it belongs to both males and females. In some 
there are additional requirements, such as education or 
property or poll-tax. But whatever such qualifications 
may be, they must be uniform in their application 
throughout the State, and the right 

to vote shall not be denied or abridged ... on account 
of race, color, or previous condition of servitude. (Amend¬ 
ment XV.) 

Vacancies.—If vacancies occur “ in the representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies” (Art. I., 
Sec. 2, Cl. 4). The rules governing such election are the 
same as in the case of an original election. The person so 
elected serves only during the balance of the unexpired 
term. All Representatives-elect are given certificates of 
election under the seal of their State, addressed to the 
House of Representatives. 

Delegates.—Besides Senators and Representatives, there 
is in each Congress one delegate from each Territory, 
who has “ a seat in the House of Representatives, with 
the right of debating, but not of voting.” Such dele¬ 
gates are there to present to Congress the needs and fur¬ 
ther the interests of the Territories which they represent. 

Review of Elections.—-The certificates of election of 
Senators and Representatives are not absolute guaranties 
of seats in Congress. For, if there have been frauds or 
illegal practices in their election, the house to which they 
have been chosen has the power, after investigation, to 
set aside such election ; for: 


SENATORS AND REPRESENTATIVES 


69 


Each house shall be the judge of the elections, returns and 
qualifications of its own members, . . . (Art. I., Sec. 5, 

Cl. 1 .) 

Oath.—Before these various Representatives take their 
seats they are required to take an oath to support the 
Constitution of the United States (Art. VI., Cl. 3). This 
is administered to Senators by the President of the Sen¬ 
ate, the new Senator being presented for that purpose by 
the other Senator from his State, called his “ colleague,’’ 
and to Representatives and Delegates by the Speaker of 
the House of Representatives. The oath is as follows: 

I [name] do solemnly swear [or affirm] that I will support and 
defend the Constitution of the United States against all enemies 
foreign and domestic ; that I will bear true faith and allegiance 
to the same ; that I take this obligation freely, without any 
mental reservation or purpose of evasion, and that I will well and 
faithfully discharge the duties of the office on which I am about 
to enter. So help me God. 

The action of former Senators, Representatives and 
certain federal and state officers in taking up arms 
against the United States during the Civil War led to 
the adoption of Section 3 of Amendment XIV., to give 
effect to which a further, or “ iron-clad,” oath was ad¬ 
ministered for several years. The provisions of this 
Amendment have, however, been repealed, and only the 
regular oath is now required. And “ no religious test ” 
or oath can be required of any member of either house 
of Congress or of any federal or state officer (Art. VI., 
Cl. 3). 

Compensation.—Each Senator, Representative and Dele¬ 
gate receives the sum of seven thousand five hundred 


70 


THE FEDERAL GOVERNMENT 


dollars per year, together with a mileage fee of twenty 
cents per mile in going to and returning from each 
regular session. The Speaker of the House of Rep¬ 
resentatives receives twelve thousand dollars per year. 
In addition to his regular salary each member is allowed 
a fixed sum for newspapers, stationery, clerk hire and 
other necessary expenditures. 

Detention of Members.—The Constitution contains two 
provisions for the personal protection of Members of 
Congress. The first is that: 

They shall in all cases, except treason, felony and breach of the 
peace, be privileged from arrest during their attendance at the 
session of their respective houses, and in going to and returning 
from the same ; . . . (Art. I., Sec. 6, Cl. 1.) * 

This is but an enactment of an old English law for 
the protection of members of Parliament. As early as 
the reign of Edward I. it was declared unbecoming for a 
member of the king’s council to be “ distrained ” in time 
of its session, and in 1433 a statute was passed exacting a 
penalty from anyone who molested members coming to 
or returning from Parliament. This section extends to 
arrests for all civil causes, detention as a witness or sum¬ 
mons as a juror, and is not lost by a stoppage on the 
route for rest or on account of illness. Its object is not 
merely the protection of the individual member, but is for 
the convenience of the Government, which should not be 
deprived of the counsel and presence of legislators for any 
but the most serious reasons. Incidentally, this provision 
is a safeguard against the passage of noxious legislation 

* For definitions of Treason, Felony and Breach of the Peace, 
see pages 158, 216. 



ORGANIZATION AND METHOD OF WORK 71 


by the detention or removal, under legal forms, of men 
whose presence would make such action impossible. 

Freedom of Debate.—The second provision is that “ for 
any speech or debate in either house, they shall not be 
questioned in any other place ” (Id.). This is also an 
English principle. In 1621 a statute of the House of 
Commons declared that: 

Every member hath freedom from all imprisonment . . . 

for or concerning any bill, speaking or declaring of any matter 
or matters touching the Parliament or Parliament’s business. 

The same principle was confirmed by the Bill of Rights. 
This provision makes it possible for a member to criticise 
any matter or person who may be before Congress, with¬ 
out fear of being charged with slander before a court, 
and is one of the strongest legislative provisions by reason 
of the perfect freedom which it guarantees. 

Adjournments Limited.—Having so provided for the 
protection of the members, it was expected that each 
house would devote its time to the business of the Govern¬ 
ment. And, that each branch should have the constant 
presence of the other, it was provided that: 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. (Art. I., Sec. 5, Cl. 4.) 

3. ORGANIZATION AND METHOD OF WORK. 

Presiding Officers.— The Vice President of the United States 
shall be President of the Senate, but shall have no vote, unless 
they be equally divided. (Art. I., Sec. 3, Cl. 4.) 

The House of Representatives shall choose their Speaker 
. . . (Art. I., Sec. 2, Cl. 5.) 


72 


THE FEDERAL GOVERNMENT 


These provisions present a striking resemblance to the 
English custom. The presiding officer of the Senate is 
not a member of the body over which he presides nor is 
he chosen by that body, but, like the Lord Chancellor, 
derives his position by virtue of his office. He possesses 
only the right of a “casting” or deciding vote in the 
case of a tie—that is, when the votes for and against a 
question are equal. In the House of Representatives, as 
in the House of Commons, the presiding officer is a mem¬ 
ber of the body, elected by his fellow-members and 
known by the name of “ Speaker,” a title derived from 
that of the person formerly selected by the House of 
Commons to sign and present its “petitions,” as bills 
were called, or other communications from that body to 
the king. He is entitled to vote upon all questions before 
the House. 

The Speaker.—These officers are expected to perform 
only the usual duties of presiding officers, but the Speaker 
has gradually absorbed powers until he is one of the most 
important officers of the Government. He has great influ¬ 
ence with the House, and to a large extent controls 
legislation. He is usually the most capable member of 
the party in the majority, possessing great experience in 
legislation, familiarity with parliamentary procedure and 
knowledge of men and affairs. 

Other Officers.—Each house possesses the power to 
choose its other officers (Art. I., Sec. 2, Cl. 5 and Sec. 3, 
Cl. 5). Besides the President pro tempore of the Senate 
(an officer who presides in the absence of the President 
of that body), the officers in each house are a Clerk, 
Sergeant-at-Arms, Chaplain, Postmaster, Librarian and 


ORGANIZATION AND METHOD OF WORK 73 


Doorkeeper, each of whom has one or more clerks and 
none of whom is a member of either body. The Cleric 
takes charge of the transacted business of his house, keeps 
the roll of members, preserves the minutes, is the custo¬ 
dian of bills and, in a word, has general management of 
the routine work. The Sergeant-at-Arms is the police 
officer and messenger of the house. He acts for the body, 
and disobedience to him is disobedience to the house. 
In the House his symbol of office is the ‘‘mace,’’ and 
its appearance in his hands is generally sufficient to 
quell the greatest disorder and restore quiet. He is also 
the paymaster of his house. The Doorkeeper has charge 
of the rooms in which the sessions are held and the gal¬ 
leries where the public assembles to listen to the debates. 
These officers are usually nominated in a “ caucus,’’ or 
meeting, of the members of each political party, held 
before the assembling of Congress, and are then chosen 
by the votes of the body in open session. 

Quorum.—No business can be transacted in either house 
without the presence of a quorum, which consists of a 
majority of the members elected to that body. (Art. I., 
Sec. 5, Cl. 1.) 

But a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, in such 
manner, and under such penalties as each house may provide. ( Id.) 

The object of these provisions is to secure in each body 
the presence of a sufficient number of its members, so that 
business may receive proper consideration. It is a recog¬ 
nition of the principle that all acts should be those of the 
majority. It insures the presence of a quorum by giving 


74 


THE FEDERAL GOVERNMENT 


to a few members—in the House fifteen—the power to 
cause absent members to be arrested and brought before 
the House by the Sergeant-at-Arms. This is known as 
a “ Call of the House.” 

Counting a Quorum.—The necessity of a quorum has 
often been taken advantage of by members hostile to the 
dominant party, and oftentimes in the case of a close 
vote a sufficient number of members have left the room 
to reduce the number actually present to less than a 
quorum. Formerly a quorum was determined by the 
number of votes cast on a question, and it was possible 
for members to remain in their seats and not answer as 
their names were called, thus defeating by silence what 
they were powerless to defeat by open methods ; for, if 
less than a quorum responded to the roll-call, the trans¬ 
action of business was suspended, although enough mem¬ 
bers might be visibly present to constitute a quorum. 
This led to the adoption of a rule whereby all members 
present can be counted whether they vote or not. And 
a further rule provides that when all such members have 
been counted, if there is still no quorum, there may be 
had a “ Call of the House,” the arrested members being 
given the right to vote upon the question before the 
House. 

Formalities of Organization.—The first meeting of the 
House is presided over by the Clerk of the previous 
House, who calls the roll of the members-elect, and, 
having ascertained the presence of a quorum, directs the 
election of the Speaker. Oftentimes several ballots have 
to be taken before an election is secured. As soon as he is 
elected, the Speaker takes the oath of office, which is 


ORGANIZATION AND METHOD OF WORK 


75 


administered by the Representative longest in continuous 
service as a member. The roll of the House is then called, 
and the Speaker administers the oath of office to the mem¬ 
bers. It is then usual to send a committee to inform the 
Senate that the House is organized, and to appoint an¬ 
other committee, which, in conjunction with a similar 
one from the Senate, waits upon the President and in¬ 
forms him that Congress is ready to receive any communi¬ 
cation that he may be pleased to make. 

Drawing Seats.—At an early time in the session occurs 
the drawing of seats. These are arranged in semicircu¬ 
lar rows facing the Speaker’s chair, and are equal to the 
number of members and delegates. A quantity of small 
balls is prepared, each having a number corresponding 
to a number on an alphabetical list of .the members. 
These are thoroughly intermixed, and drawn from a box 
by an attendant, and as each member’s number is drawn 
he selects his seat. The members of the same political 
party usually sit on the same side of the House, and it is 
customary to permit the members longest in service to 
have first choice of seats. While this is going on in 
the House, a similar action is occurring in the Senate, 
where the new members are sworn in by the president of 
the Senate and seats are assigned. 

Committees.—After the officers of the two houses have 
been selected, the committees are appointed. This is a 
very important matter, for upon their work depends, to 
a large extent, the usefulness of Congress. These com¬ 
mittees are many in number and various in size, and are 
intended to have jurisdiction of all subjects which come 
before their respective houses. Thus in the House the 


76 


THE FEDERAL GOVERNMENT 


Committee on Ways and Means has control of matters 
relating to revenue and the bonded debt of the United 
States ; the Committee on Appropriations has charge of 
matters pertaining to the support of the different branches 
of the Government. There are also committees on For¬ 
eign Affairs, the Judiciary, Military Affairs, Banking and 
Currency, Railways and Canals, Territories, Insular 
Affairs, District of Columbia, Pensions, Post Offices, 
Coinage, Weights and Measures and many others. In 
the Senate are the Finance and Appropriations Commit¬ 
tees, corresponding to the Committees on Ways and 
Means and Appropriations of the House, the Foreign 
Relations Committee and many others with jurisdictions 
similar to those of the House. 

Method of Appointment.—In the Senate these commit¬ 
tees are appointed by the body itself, but in the House 
they are usually appointed by the Speaker. This is a 
source of great power to him, for he is enabled to exert 
great influence upon legislation by the selection of men 
holding views similar to his own for the prominent posi¬ 
tions on important committees ; but it is customary to 
give the opposing political party a minority representa¬ 
tion on each committee. In each house the member first 
named on a committee is its chairman, and those of the 
most important committees possess great control over 
legislation. Thus the Chairman of the Committee on 
Ways and Means is, after the Speaker, the most influen¬ 
tial member of the House. He is considered the leader 
of his party on the “ floor.” He is intrusted not only 
with the management of the business of his committee, 
but also with many other matters pertaining to the 



ORGANIZATION AND METHOD OF WORK 77 

general conduct of work and the control of parliamentary 
tactics. 

Work of Committees.—To these committees are referred 
every measure introduced into either house of Congress. 
Being small bodies, they are able to give close attention 
to the questions presented, and by reason of training in 
special lines are enabled to exercise better judgment than 
could be done by the members of the house acting as a 
whole. Thus legislation is expedited, and thousands of 
useless measures are c ‘ killed in committee 5 ’—that is, cast 
aside and not reported. In the exercise of their duties 
the committees may call in the assistance of experts, may 
take testimony and compel the attendance of witnesses, 
and conduct any investigation which the importance of 
the matter before them may warrant. Upon their report 
depends largely the action of their house ; for although 
their decision is not final, yet, in the main, their judg¬ 
ment is followed. 

Rules.—The proceedings in each house are controlled 
by the rules which it makes for itself (Art. I., Sec. 5, 
Cl. 2). These are practically the same in both bodies, 
and through the experience of years have grown into an 
intricate system, which not only directs the progress of 
business, but affects the decorum and conduct of mem¬ 
bers (Id.). 

Method of Legislation.—The progress of a bill, or pro¬ 
posed draft of a law, through the House is substan¬ 
tially as follows: It is introduced by being presented to 
the Clerk, indorsed with its title and the name of the 
member introducing it. The Clerk gives it a number, 
and when reached under the proper order of business it is 


IS 


THE FEDERAL GOVERNMENT 


read the first time. It is then handed to the Speaker, 
who puts the question whether it shall be read a second 
time. If it is so decided, the bill goes back to the Clerk 
*,o await its second reading. This must regularly be on 
another day. When it is again read, it is sent to the 
committee which has charge of its subject. Here it is 
examined, and with or without amendments is reported 
to the House. It is then considered in what is called a 
“ Committee of the Whole ” (an informal organization of 
the whole House for the purpose of discussion, over 
which some member, other than the Speaker, presides), 
where it may be debated and further amended. It is 
then read a third time, and the question is put, “ Shall 
the bill pass?” If it receives a majority vote, it is 
signed by the Speaker and attested by the Clerk, with 
a note of the date of its passage. This method, with but 
slight differences, is pursued in the Senate. A bill, after 
its title, begins with the following words: “ Be it enacted 
by the Senate and House of Representatives of the United 
States of America in Congress assembled, That ” . . . 

Filibustering.—The progress of a bill is not always easy. 
At every point it may meet opposition. Amendments, 
delays, all the tricks of parliamentary tactics may be em¬ 
ployed to impede it, and oftentimes an “ active minority” 
may be able to defeat the will of the majority. Such 
methods are called “ filibustering. ” They are not usually 
successful, however ; for by the rigorous enforcement 
of the rules a Speaker is able to guide a measure through 
the fiercest opposition. Even debate can be cut off in the 
House by a call for the “previous question,” which 
is undebatable, and being adopted brings up the measure 


ORGANIZATION AND METHOD OF WORK 79 

for immediate vote. In the Senate there is no way to 
stop debate, and it is possible for an opposition to con¬ 
sume a whole session in the discussion of a question. 
This is an instance of “senatorial courtesy,” a sentiment 
arising from the dignified character of the body, which 
excludes all limitations upon the official conduct of a 
Senator and concedes to him freedom in accordance with 
the dignity of his position. 

Records of Proceedings.—Pursuant to Article I., Sec¬ 
tion 5, Clause 3, a record of the proceedings in each house 
is kept in a “ journal,” in which is set forth the roll, bills 
introduced, motions, resolutions, rulings of the presiding 
officer, business, and votes taken with the name and vote 
of each member when required by one-fifth of the mem¬ 
bers present. In addition to this record there is published 
each day during the session a paper called the “ Congres¬ 
sional Record, 5 ’ in which is a verbatim report of the inci¬ 
dents of ftie preceding day. This is distributed according 
to law among certain officials, Senators and Representa¬ 
tives and libraries, and upon payment of a small fee to 
the public at large. 

Interaction of Houses.—In its work neither house is 
independent of the other. While each acts by itself, 
both must agree in the result, or action fails. Thus, a 
measure which has passed one house may be rejected by 
the other, or a bill may be amended in one house after 
its passage in the other, in which case it must repass the 
first body in its amended form. Often, for the purpose 
of hastening important legislation, the same bill is intro¬ 
duced simultaneously in both houses, when it is called a 
“ joint bill,” a “ joint resolution ” or a “ concurrent reso- 


80 


THE FEDERAL GOVERNMENT 


lution.” All these possibilities lead to many complica^ 
tions ; and frequent interviews, or, as they are called, 
“ meetings of conference committees, 5 ’ are held and a 
compromise effected. Thus each house acts as a check 
on the other. Thus each, reviewing the work of the 
other, tends to produce better legislation; and while there 
are often delays which are irksome to the public, and 
while legislation is often produced which falls short of 
the popular desire, yet the results are generally satisfac¬ 
tory and the delays are counterbalanced by freedom 
from radical measures, a characteristic which has marked 
our national legislation during more than a hundred 
years. 

4. LEGISLATIVE POWERS. 

General Limitation.—The fear of a strong central gov¬ 
ernment and the desire to retain all possible powers in 
the several States were marked political characteristics of 
the people at the time of the Constitutional Convention. 
During its entire session the local powers of the States 
were jealously guarded, and only those were granted to 
the national government which were general in character, 
and such as could not be properly administered by the 
States themselves. Even then the people were fearful of 
the new government, and among the early amendments 
added to the Constitution was one which provided that: 

The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. (Amendment X.) 

Constitutionality.—It was intended by this amendment 
to place beyond contradiction the fact that the United 


LEGISLATIVE POWERS 


81 


States Government was not one of original powers, but 
possessed merely those which the Constitution delegated 
to it. Hence, in considering any question of national 
legislation or action, the inquiry, “ Is it constitutional? ” 
means is there in the Constitution any provision which, 
under reasonable interpretation, gives the Government 
authority for the act. From the time of the First Con¬ 
gress every act of legislation has been subjected to this 
test, and the differences of opinion upon these questions 
have generally marked the two great political parties of 
the country—the one, termed “ Loose Constructionists,” 
insisting that the Constitution granted not only the 
powers expressly stated, but all others that could reason¬ 
ably be inferred from it; the other, called “ Strict Con¬ 
structionists,” denying the existence of any implied 
authority and insisting upon a literal interpretation of 
the Constitution. 

Taxation.—The weakness of the confederacy showed 
the framers of the Constitution the necessity of extensive 
and strong powers in the general government. They were 
familiar with the inability of the confederacy to enforce 
its requisitions for money and with its resulting helpless¬ 
ness. They felt that there was no more important func¬ 
tion of government than that of levying and collecting 
taxes ; for however vast the resources, however extensive 
the boundaries, however patriotic the citizens, the Gov¬ 
ernment was powerless if it could not compel the use of 
these resources for its support. They, therefore, provided 
that: 

The Congress shall have power to lay and collect taxes, duties, 
imposts and excises, to pay the debts and provide for the common 
6 


82 


THE FEDERAL GOVERNMENT 


defense and general welfare of the United States; . . . (Art. 

I., Sec. 8, Cl. 1.) 

Of this power, Chief Justice Chase said: 

To the existence of the States and to the existence of the United 
States the power of taxation is indispensable. It is an essential 
function of government. It was exercised by the colonies and by 
the states formed therefrom. Under the Articles of Confederation 
the Government was limited in the exercise of this power to 
requisitions upon the States. The Constitution changed this con¬ 
dition of things. It gave the power to tax directly and indirectly 
to the national government. 

Direct Taxes. —A direct tax is defined by Mill as a charge 
“ which is demanded from the very persons who, it is in¬ 
tended or desired, should pay it.” Such taxes are poll 
or capitation tax, imposed upon individuals at so much a 
person (literally, “per head”), charges upon lands, per¬ 
sonal property, incomes, and the rents and profits of prop¬ 
erty. In the levying of such direct taxes provision was 
made that no State should bear more than its share of 
the burden. 

Direct taxes shall be apportioned among the several States 
. . . according to their respective numbers. (Art. I., Sec. 2, 

Cl. 3.) 

No capitation, or other direct, tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to 
be taken. (Art. I., Sec. 9, Cl. 4.) 

When a direct tax is laid, the amount of money to be 
raised is first ascertained, and the tax is apportioned 
among the States according to their population at the 
last census. 

Indirect Taxes. — Indirect taxes are defined as “those 


LEGISLATIVE POWERS 


83 


which are demanded from one person in the expectation 
and intention that he shall indemnify himself at the ex¬ 
pense of others.” Such taxes are duties or imposts, im¬ 
posed upon the importation of goods, and excises, an 
inland tax levied upon the manufacture or sale of certain 
articles and upon licenses to pursue certain trades or to 
deal in certain commodities. In the levying of such indi¬ 
rect taxes it was provided that they should “be uniform 
throughout the United States” (Art. L, Sec. 8, Cl. 1). 
By “ uniform ” is meant that such taxes shall be the same 
in one State as in another, regardless of population, a 
characteristic in which they differ from direct taxes. But 
all articles need not be taxed alike. Thus tobacco may 
be taxed at one rate, silk at another, while other com¬ 
modities may be under very different charges, but the 
charge on each class of articles is the same everywhere. 

The Tariff.—Duties and imposts, also called “ customs,” 
are charges made upon imports, and are of two kinds— 
specific and ad valorem. A specific duty is a certain sum 
charged on each article, regardless of its cost or value, 
as so much per pound, gallon or yard. An ad valorem 
duty is a charge made at a certain percentage of the cost 
or value of the article. The list of dutiable goods, with 
the prescribed charges, is called the “tariff.” About 
the levying of duties and imposts have centered some of 
the fiercest political struggles of this country ; and the 
character and purpose of the duties imposed have in sev¬ 
eral campaigns marked the division of the great parties. 
Civics is not the place to enter into a discussion of the 
economic features of the subject of duties. That belongs 
to the study of Political Economy. It will be sufficient 


84 


THE FEDERAL GOVERNMENT 


for the present to know that in the division of sentiment 
caused by this subject there is one party whose members 
are known as “ Protectionists,’’ who insist that under the 
implied powers of the Constitution the Government has 
the right to impose duties and imposts, not only to supply 
revenue for its support, but also to encourage and foster 
manufacturing and other industries in the country, and 
for this purpose to raise the charges so high as practically 
to prohibit the importation of goods. Opposed to this 
party are the so-called “ Free-Traders, ” who advocate 
the collection of duties for the support of the Govern¬ 
ment, but deny that they can be constitutionally imposed 
for any other purpose. 

A modification of “protection” is the reduction of 
duties upon imports from a country* in return for a sim¬ 
ilar reduction by it upon American goods. This is termed 
“ reciprocity, ” and is established by treaty (page 132). 
The converse, called “ retaliation,” is the increase of 
duties upon imports from a country which has increased 
its duties upon American articles. This is done by the 
President, to whom the power is usually given by Con¬ 
gress. 

Collection of Duties.—In order to collect these duties 
certain places along the coasts and borders of the country 
are designated as Ports of Entry, where are government 
buildings called Custom Houses , in charge of officers 
known as Collectors of Customs, At these places cargoes 
are examined by the Collector or his agents, called In¬ 
spectors, and duties are computed and collected upon im¬ 
portations according to the schedules fixed by law. Duti¬ 
able articles constitute a long list, and consist of so-called 


LEGISLATIVE POWERS 


85 


luxuries, as diamonds, works of art, silks and the like ; 
certain necessaries, as clothing ; and a large number of 
other articles, “raw” and manufactured. 

Internal Revenue.—Excises constitute what is known 
as the internal revenue of the country, and are taxes 
levied upon the manufacture and sale of liquors and 
tobaccos, and frequently upon other articles, such as 
telegrams and legal and commercial papers, upon which 
have to be affixed revenue stamps varying in value from 
a fraction of a cent to many dollars. Matters pertaining 
to the sale of these stamps and the collection of this rev¬ 
enue are in the charge of government officers called Col¬ 
lectors of Internal Revenue. 

The National Income.—These taxes, direct and indi¬ 
rect, constitute the sources of the national income. The 
receipts are nearly always sufficient for the demands of 
the Government, and at times have been so large as to 
rapidly diminish the great debts incurred in the several 
wars in which we have been engaged. Indeed, so great 
have been the indirect revenues that, except in a very 
few instances, no direct taxes have ever been levied.* 

Commerce.—Intimately connected with this power of 
Congress is that “to regulate commerce with foreign 
nations, and among the several States, and with the In- 

* The principal direct taxes levied by the general government were the 
following : July 14, 1798, two millions of dollars ; January 9, 1815, six 
millions of dollars ; August 5, 1861, twenty millions of dollars, to be 
levied annually thereafter. In the latter case the taxes were not collected 
by officers of the United States, but each State paid its portion from the 
moneys in the State treasury. This tax was collected but once, and the 
act was suspended. In 1891 the United States refunded to the States 
the sums which they had paid on the tax of 1861. 


86 


THE FEDERAL GOVERNMENT 


dian tribes ’ ’ (Art. I., Sec. 8, Cl. 3). “ Commerce,’ ’ as here 
used, means not only trade, but also intercourse and navi¬ 
gation. Before the Constitution all such laws were en¬ 
acted by the States, and the greatest confusion resulted. 
But because the regulation of commerce was a matter of 
general interest, and for the purpose of uniformity, it 
was delegated wholly to the general government. Under 
this section Congress has power to appropriate moneys to 
render navigation less dangerous, to build lighthouses, to 
provide life-saving stations, improve harbors, dredge 
rivers, establish quarantine regulations, license and re¬ 
quire the employment of licensed pilots, make surveys of 
the coasts, issue charts and maps, and perform many other 
acts of a similar nature. 

Shipping Regulations.—By virtue of this power Con¬ 
gress has made regulations requiring American-owned 
vessels to be registered, an act which accords to such ves¬ 
sels privileges not extended to foreign ships, such as to 
engage in the coasting trade and to be protected by the 
Government if seized or injured by a foreign power. So, 
also, a vessel upon leaving port is required to take out 
a certificate called a clearance, issued by the collector of 
customs, showing that all harbor fees have been paid and 
regulations observed. Upon arrival at an American port, 
a further regulation requires a vessel to be entered —that 
is, to report to the collector, present a statement of its 
cargo and deliver the clearance which it received from 
the last port. This last, however, is not generally re¬ 
quired of American vessels engaged in the coasting trade. 
All other laws relative to the merchant marine of the 
nation rest upon this section. 


LEGISLATIVE POWERS 


Si 

Interstate Commerce.—Under this section laws have 
also been passed controlling railroads whose business is 
conducted in two or more States, prescribing rules for 
their management, construction and rates for freight. 
And, finally, it is from this section that Congress derives 
its authority to regulate all intercourse and traffic with 
the Indians. 

Federal Taxes and State Taxes.—The power to levy 
duties and imposts and to regulate commerce belongs 
peculiarly to Congress, for it is provided that: 

No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws ; . . . 

(Art. I., Sec. 10, Cl. 2 .) 

And the Supreme Court of the United States has held 
that the right to regulate commerce is “ exclusively vested 
in Con'gress and cannot be exercised by a State.” This 
is not true of the right to levy direct taxes. This right is 
co-existent in state and national governments, and the 
exercise of it by Congress does not preclude a State 
from taxing the same property, though the claims of the 
general government are superior; and if there is not suffi¬ 
cient property to satisfy the demands of both govern¬ 
ments, that of the nation has preference. 

Restrictions on Taxation.—It should be observed that 
the purposes for which Congress is thus given the power 
to tax are “to pay the debts and provide for the com¬ 
mon defense and general welfare of the United States” 
(Art. I., Sec. 8, Cl. 1). The courts have held that taxa¬ 
tion purely in aid of personal or private objects is beyond 


88 


THE FEDERAL GOVERNMENT 


legislative power, and that Congress cannot even raise a 
tax for purposes which are within the exclusive jurisdic¬ 
tion of a State. 

There is another restriction upon this power of Con¬ 
gress. That is, that “no tax or duty shall be laid on 
articles exported from any State ” (Art. I., Sec. 9, Cl. 5). 
The reason for this provision is that the extent of the 
country is so great and its resources so varied that a uni¬ 
form burden of export duties would be practically im¬ 
possible, and the interests of the various States would be 
constantly demanding recognition, which would destroy 
trade stability and result in the greatest confusion. Fur¬ 
thermore, such taxation would tend to impede the growth 
of industries by making the charges upon their products 
so high as to render competition in a foreign market im¬ 
possible. Uniformity in commercial regulations is assured 
by the provision that: 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another ; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or 
pay duties in another. (Art. I., Sec. 9, Cl. 6.) 

Power to Borrow.—The revenues just considered are 
adequate in times of peace and usual prosperity. But 
there arise conditions when these are insufficient. The 
Civil "War created such a condition. So, also, a crisis may 
arise when the revenues are depleted and time will not 
permit the collection of sufficient taxes to prevent national 
embarrassment. To provide against such an emergency, 
Congress can “ borrow money on the credit of the United 
States” (Art. I., Sec. 8, Cl. 2). 


LEGISLATIVE POWERS 


89 


This is a very important provision. Chief Justice 
Marshall said: 

No provision can be selected which is of more vital interest to 
the community . . . No power has been conferred by the 

American people on the government, the free exercise of which 
more deeply affects every member of our republic. In war, when 
the honor, safety and independence of the nation are to be 
defended, when all its resources are to be strained to the utmost, 
credit must be brought in aid of taxation, and the abundant 
revenues of peace and prosperity must be anticipated to supply 
the exigencies of the moment. 

Coinage; Weights and Measures.—An important power 
of Congress is the one: 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standards of weights and measures. (Art. I., Sec. 8, 
Cl. 5.) 

The trading instinct has made necessary some medium of 
exchange. For this the precious metals have been found 
the most practicable, and gold and silver are now gen¬ 
erally used, with nickel and copper for small values. At 
first these media passed by weight; later they were made 
into coins—that is, stamped into shape and marked with 
some device significant of their value. This, however, 
was not an absolute guaranty of value, and so govern¬ 
ments took upon themselves the power to coin money, 
and the stamp affixed to a coin is a pledge by the govern¬ 
ment that the value of the coin is what it purports to be. 

Monetary System.—At the time of the adoption of the 
Constitution there was no fixed monetary system in the 
country. Spanish milled dollars, English shillings and 
other foreign coins were in common circulation. The 


90 


THE FEDERAL GOVERNMENT 


need of a uniform system was evident. This could not 
be obtained by leaving it to the States, for each might 
adopt a different standard of weight or purity. So the 
right to coin money was granted to Congress, together 
with the power to regulate the value of foreign coins in 
exchange for those of this country. Uniformity resulted. 
The dollar is the same in all sections of the country, 
and trade is carried on freely without the necessity of 
testing the purity or weight of coins. The Government 
does its coining in buildings called mints , of which there 
are several, in different cities. The principal one is at 
Philadelphia, Pa. 

Systems of Weights and Measures.—Although uniform¬ 
ity in weights and measures is Avithin the power of Con¬ 
gress, it has never exercised this power beyond adopting 
for the use of custom houses the English system, and 
legalizing the use of the metric system. The English 
system is in general use throughout the country, each 
State government compelling the instruments used within 
its jurisdiction to conform to standards furnished by the 
general government. In scientific work, however, the 
metric system is largely in use, and there is a growing 
opinion that for the sake of international trade it should 
be made the standard of the country. 

Counterfeiting.—The power of Congress over the money 
of the country would be practically useless were it not 
connected with another power: 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States. (Art I., Sec. 8, Cl. 6.) 

To counterfeit is “to copy or imitate without authority 


LEGISLATIVE POWEKS 


91 


or right, and with a view to deceive or defraud by pass¬ 
ing the copy for the original or genuine.” It is counter¬ 
feiting even to issue a coin of equal weight and purity 
with that of the Government. Under the power to bor¬ 
row money there have been issued from time to time 
bonds or promises of the Government to pay certain sums 
of money at certain times. These, and the paper cur¬ 
rency of the Government, which is constantly in circula¬ 
tion, constitute the securities of the United States. Be¬ 
sides these, there are postal and internal revenue stamps. 
The chief value of all these depends upon their genuine¬ 
ness, and it was to prevent their imitation that this 
power was given to Congress. Counterfeiting has, there¬ 
fore, been declared a crime, and severe punishments are 
prescribed for those detected in it. Nor is this all. The 
crime is considered twofold, as against the Government 
and as against the people, for the punishment of which 
latter offense the several States have also enacted laws. 

Postal Service.—Congress has power “to establish post- 
offices and post-roads” (Art. I., Sec. 8, Cl. 7). In the 
exercise of this power the Government comes in direct 
contact with the greatest number of people. The hand¬ 
ling of the mails is a matter too extensive to be conducted 
satisfactorily by private enterprise. Formerly communi¬ 
cations were carried by slaves or other messengers ; but 
the development of trade, necessitating prompt and safe 
transmission of mails, demanded a cheap and certain 
postal service available to the general public. This could 
best be obtained by giving its control to the federal gov¬ 
ernment. At the time of the Constitutional Convention 
this power was not deemed of particular consequence. 


92 


THE FEDERAL GOVERNMENT 


Madison spoke of it as “a harmless power which may, 
perhaps, by judicious management become productive of 
great public convenience. 5 ’ At that time, however, it 
took four weeks to send a letter from Philadelphia to 
Boston and receive a reply, and the rate of postage was 
six cents for any distance less than thirty miles, with a 
maximum charge of twenty-five cents for a distance 
exceeding four hundred and fifty miles. 

This provision includes the power to designate the vari¬ 
ous classes of mail matter and fix the rates of postage, to 
provide for the transmission of money by post, and 
through treaties with other nations arrange for the for¬ 
warding of mails to any part of the civilized world. 
Through its extension every hamlet has been provided 
with a post-office, while in cities and many rural sections 
there is a free collection and delivery of mail. All roads 
within a State, including railroads, canals and rivers, 
become by law “post-roads” when the mail is trans¬ 
ported over them, and whatever may be the obstruction 
to ordinary traffic, whatever mobs may do to impede the 
passage of trains, free progress is given to the stage or 
train which carries the United States mail. For some 
officers of the Government in the conduct of official busi¬ 
ness the mail is carried free. This is called & f rank or 
franking privilege; and severe penalties are imposed 
upon any one using a frank for other than official busi¬ 
ness. Congress has also made laws to prevent the send¬ 
ing through the mails of explosives, poisonous insects and 
reptiles ; publications, pictures and communications of an 
immoral character ; and other similar abuses of the postal 
service. 


LEGISLATIVE POWERS 


93 


Patents and Copyrights.—Another power given to Con¬ 
gress is: 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries. (Art. I., Sec. 8, Cl. 8.) 

This is exercised by the granting of letters patent and 
copyrights. The idea embodied in this provision arose 
from a desire to encourage invention and research, on 
the theory that it would increase the general welfare of the 
country. If new inventions became at once free to the 
world, it was seen that men would not spend the time 
necessary to their perfection, and the development of the 
arts would be impeded. But to give them the exclusive 
and unending benefit of their discoveries and inventions 
was deemed unwise, since it would create a perpetual 
monopoly. Therefore the privilege was limited. 

Letters Patent.— Letters patent are official documents 
granting to the recipient or his representatives the sole 
right for the period of seventeen years to make, use and 
sell, within the United States and its territories, an arti¬ 
cle invented or discovered by him. A person making an 
invention can either obtain a patent at once, or, if he 
desires further time to perfect his work, can protect him¬ 
self for the period of one year by taking out a caveat. 
This is done by filing in the Patent Office at Washington 
a description of his invention. If, however, he desires a 
patent, he must make application in writing to the Com¬ 
missioner of Patents at Washington, fully describing his 
invention and its purpose, with a claim as to its novelty. 
Oftentimes a model is required to be sent with the 


94 


THE FEDERAL GOVERNMENT 


application, and if the invention or discovery is a com¬ 
pound or composition of matter, the applicant may be 
required to furnish specimens of the ingredients sufficient 
for an experiment. If, after examination, it appears that 
the invention is novel or new, a patent will be issued. 

Copyrights.—A copyright is an exclusive privilege 
granted to a person or his representatives for the period 
of twenty-eight years, with the privilege of renewal to 
himself or his widow or children for the further term of 
fourteen years, to print, publish, make or sell some lit¬ 
erary or artistic production. Copyrights are issued upon 
books, maps, musical and dramatic compositions, paint¬ 
ings, engravings, photographs, statuary, designs and 
numerous other productions. In order to procure a copy¬ 
right the applicant must, before publication, deliver or 
mail to the Librarian of Congress at Washington a 
printed copy of the title page of the book or description 
of the article, upon which an entry of the copyright is 
made in the official records. Within ten days after the 
publication he must also deliver to the Librarian of Con¬ 
gress two copies of the book or composition; or if a paint¬ 
ing, engraving, statue or design, a photograph thereof. 
To protect himself in his production he is required to 
print on the title page of the book or the one next fol¬ 
lowing, or upon some conspicuous place on his map, de¬ 
sign, picture or other article, the following: “ Entered 
according to act of Congress in the year [date] by [name] 
in the office of the Librarian of Congress,” or the words, 
“Copyright [date] by [name].” 

Infringements.—The issuance of a patent or a copyright 
is not an absolute guaranty by the Government of the 


LEGISLATIVE POWERS 


95 


rights described in it. For if there has been a prior pat¬ 
ent or copyright which covers the same invention or pub¬ 
lication, the subsequent patentee or holder of the copy¬ 
right obtains no right to manufacture, publish or sell the 
invention or publication, and in case he does so, he is liable 
to a prosecution for infringement in the United States 
courts, and the payment of damages. 

Exterritorial Power.—Power is also given to 
to 

define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations. (Art. I., Sec. 8, 
Cl. 10.) 

Piracy is defined as “robbery or forcible depredation on the 
high seas without lawful authority.” On land the crime of highway 
robbery corresponds to it. 

High Sea is the uninclosed portion of the ocean, three miles out¬ 
side of the general line of the coast. A felony is a crime of a high order 
whose punishment is death or long imprisonment. 

Law of Nations is the system of justice recognized by civilized 
nations as that which ought to control their intercourse with each 
other. 

The provision relating to offenses against the Law of 
Nations has been judicially held to apply to offenses on 
the high seas, but the language of the Constitution would 
seem to bear a broader interpretation. 

This power was given to Congress because such matters 
were beyond the control of the several States, and because 
in our relations with other nations the national govern¬ 
ment is held responsible for all infringements of their 
rights or those of their subjects; and unless power resided 
in the Government to punish such offenses, frequent con¬ 
troversies would result and become a constant menace to 
our peaceful relations. 


96 


THE FEDERAL GOVERNMENT 


For the purpose of supplying courts for the trial of 
piracies and other crimes in violation of the United States 
statutes, Congress was authorized “ to constitute tribunals 
inferior to the Supreme Court” (Art. I., Sec. 8, Cl. 9). 
Of these courts and their jurisdiction mention will be 
made in a later chapter. (Seepages 159, 165.) 

Citizenship.—One of the perplexing questions during 
our national life has been that relating to citizenship. 
For many years it was generally maintained that there 
was no such distinctive character as that of “ a citizen of 
the United States.” The title “citizen of a State ” was 
long recognized, and as such a person was considered a 
citizen of the United States. But this excepted from 
citizenship all residents of the Territories and the District 
of Columbia, these not being States. This question was 
removed by the adoption of Amendment XIV., which 
provided that: 

All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of 
the State wherein they reside. (Sec. 1.) 

Citizenship implies correlative obligations; that is, alle¬ 
giance, or fidelity and obedience on the part of the citi¬ 
zen, and protection on the part of the Government. Thus 
a citizen of the United States owes to the Government 
certain duties, as sharing in its defense and support and 
aiding in the execution of its laws. Since in our rela¬ 
tions with foreign powers we are not recognized as indi¬ 
vidual States, but as a nation, an American citizen is 
everywhere entitled to demand the support and protec¬ 
tion of the full power of the United States. 


LEGISLATIVE POWERS 


97 


Determination of Citizenship. —Citizenship is determined 
in two ways. First, all persons are citizens who are born 
within the Ijnited States and subject to its jurisdiction. 
This provision includes people of all races and of both 
sexes, except Indians. It also includes children of Ameri¬ 
cans who at the time of their birth are temporarily with¬ 
out the country, but it does not include children of for¬ 
eign representatives or travelers born when the parents 
are temporarily residing within the United States. Sec¬ 
ond, all persons are citizens who are naturalized within 
the United States. Naturalization is restricted by law 
to persons of the white and black races, and Japanese, 
Chinese and others are excluded. 

Naturalization.— Naturalization is the process by which 
a citizen or subject of a foreign nation is made a citizen 
of the United States. The only privilege of a native-born 
citizen which a naturalized citizen does not possess is 
that the former is qualified to become President or Vice- 
President of the United States. It may be observed that 
citizenship and the right of suffrage are separate and 
distinct rights. The first is granted by the general gov¬ 
ernment, the latter by the States. Citizenship does not 
depend upon age or sex, two conditions which generally 
determine the right to vote. 

Rules of Naturalization.— Por the purpose of conferring 
citizenship, Congress is empowered “ to establish an uni¬ 
form rule of naturalization 5 ’ (Art. I., Sec. 8, Cl. 4). This 
rule is briefly as follows: 

A foreigner, residing within this country, known as an alien , 
is required : 

1. To declare on oath before a Circuit or District Court of the 

7 


98 


THE FEDERAL GOVERNMENT 


United States, or a Court of Record of a State, two years prior to 
his naturalization, that it is his intention to become a citizen and 
that he renounces allegiance to every foreign state. 

2. He must at the same time swear to support the Constitution 
of the United States. 

3. After a residence of five years within the country and at 
least two years after declaring his intention, the alien may be 
fully admitted to citizenship by presenting to one of the above- 
mentioned courts proof of the declaration of his intention, of his 
residence within the country for five years and within the State 
for one year, and of a good moral character ; and 

4. He must, at such time and place, renounce any title or order 
of nobility which he may possess. 

The Court, if satisfied, then makes an order declaring him to 
he a citizen, and there is issued to the applicant a certificate to 
that effect, which is in every place evidence of his citizenship. 
This rule applies to both males and females, but there are certain 
exceptions in the case of aliens not more than eighteen years of 
age at the time of their arrival in this country, and a further 
exception which extends citizenship to all children who are minors 
at the time of the parent’s naturalization. 

/ 

Rights of Citizens.—We have seen the privileges attend¬ 
ing citizenship in our relations with foreign powers. 
There are also domestic privileges. 

The citizen of each State shall he entitled to all the privileges 
and immunities of citizens in the several States. (Art. IV., Sec. 
2, Cl. 1.) 

A person removing from one State to another is en¬ 
titled in his new home to all the rights—social, civil and 
religious—that he would have possessed had he been horn 
there. But as he takes up these new rights, he must re¬ 
linquish those of his old home. To illustrate: In Kansas, 
women can vote. In New York they cannot. If a New 
York woman should remove to Kansas, she would there 


LEGISLATIVE POWERS 


99 


be entitled to the right of suffrage. But if a Kansas woman 
removed to New York, she would not be permitted to 
vote in the latter State. This principle applies to all 
relations of life. No State can make laws or grant rights 
that extend beyond its borders. Nor can it establish 
rules to prevent people from coming there to live, nor 
impose upon such new-comers restrictions which are not 
equally binding upon its own citizens. Lest, however, 
any question should ever arise, particularly in reference 
to the freedmen, there was inserted in Amendment XIY. 
the provision that: 

No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States ; 
. . . (Sec. 1.) 

National Bankruptcy Laws.— Another important power 
of Congress is to establish 

uniform laws on the subject of bankruptcies throughout the 
United States. (Art. I., Sec. 8, CL 4.) 

It is a fundamental principle of business that all men 
should pay their just debts. In no other way can trade 
be conducted with profit and security. Yet there come 
times when under strained financial conditions honest 
men throughout the country cannot meet their obliga¬ 
tions. Pressure by ordinary legal methods would not be 
able to force collections, but would cause great hardships, 
and oftentimes discouragement, to the debtor, a condition 
injurious both in business and civil relations. It has 
therefore been deemed expedient from time to time to 
relieve debtors under certain conditions by compelling 


100 


THE FEDERAL GOVERNMENT 


creditors to receive all a debtor’s property in full satisfac¬ 
tion of his debts, even though much less in amount, thus 
reestablishing credit and encouraging worthy men in 
their quest for wealth. Such laws existed in Greece and 
Home ; England has had them for many years ; and 
before the Revolutionary War bankruptcy laws existed at 
various times in several of the colonies. In our own 
national history there have been four acts of this char¬ 
acter—in 1800, 1841, 186 Y, and the present one, which 
went into effect July 1, 1898. 

A Bankruptcy Law is one which discharges a debtor from lia¬ 
bility for past debts upon the surrender by him of all his property for 
the benefit of his creditors. 

An Insolvent is a person whose property, other than that con¬ 
cealed or transferred to defraud creditors, is not sufficient at a fair valu¬ 
ation to pay his debts. 

A Bankrupt is such a person, when so declared by the courts, after 
surrendering his property to be applied upon his debts. 

Proceedings in Bankruptcy: Bankruptcy is either voluntary or 
involuntary; that is, the insolvent may file a petition with the court 
giving a complete list of his property, a statement of his debts, to whom 
owed, and his inability to pay them and asking to be adjudged a bank¬ 
rupt ; or creditors of an insolvent may file such a petition, in which they 
set forth the financial condition of the insolvent and the performance 
by him of certain so-called “acts of bankruptcy,” such as secreting 
his property with the intent to defraud his creditors, and ask that he 
be adjudged a bankrupt. These petitions must be under oath. After 
an investigation into the facts presented by the petition, the court may 
or may not adjudge the person a bankrupt. If it does, the creditors 
are allowed to prove their claims against him, and usually a trustee of 
his property is appointed, who, under the direction of the court, takes 
charge of the bankrupt’s property, collects and reduces it to money, 
and distributes it in the following manner—to pay: 

1. Taxes due to the United States, State, county, town or city. 

2. Costs of the proceedings. 

3. Wages to workmen. 

4. Debts. 


LEGISLATIVE POWERS 


101 


After such distribution, and within twelve months after he has 
been declared a bankrupt, the court, if satisfied of his honesty and good 
conduct, may order his discharge from bankruptcy, after which he 
may begin again the acquisition of property without fear of its being 
taken to satisfy his former obligations. 

State Bankruptcy Laws. —The power to enact bankruptcy 
laws is not exclusively vested in Congress. From time 
to time States have passed such laws, and it has been held 
by the courts that they are constitutional except when 
the power is actually being exercised by Congress, or the 
State laws conflict with those of the national govern¬ 
ment. 

Military Powers. —One of the experiences common to 
all nations is war. In 1787 we were but recently through 
with the Ee volution, and the necessity of war powers in 
the general government was very evident. Under the 
Articles of Confederation, Congress had the right to make 
requisitions of men upon the several States, but no power 
to enforce them. Such a system was inherently weak, 
and might have resulted in disaster had it not been for 
the patriotism of the people. To remedy this defect, and 
to take war powers away from the several States, whose 
hasty action might involve the whole country in conflict, 
Congress was given power: 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; [For definition of 
letters of marque and reprisal , see page 196.] 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 


102 


THE FEDERAL GOVERNMENT 


To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections and repel invasions; 

To provide for organizing, arming, and disciplining, the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively, 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress. (Art. 
I., Sec. 8, Cl. 11, 12, 13, 14, 15, 16.) 

Army.—Incident to the power to declare war, and nec¬ 
essary to give it effect, is the power to raise and support 
armies. This includes the raising of troops by enlistment 
(voluntary enrollment) or by conscription (forced enroll¬ 
ment), the determination of their number and service, 
purchase of supplies and arms, construction of fortifica¬ 
tions, arsenals, barracks and hospitals, instruction of 
officers and men in schools and otherwise, and the per¬ 
formance of any other acts necessary to organize efficient 
armies. But, mindful of the powers which armies 
had assumed in the past and fearful of their repetition, 
there was added the provision that appropriations should 
not be made for a longer term than two years. Money 
is a necessity for an army. Without power of acquiring 
property, it is dependent for its support upon the people, 
and they, under this provision, through their represent¬ 
atives, can control its existence by granting or refusing 
to grant supplies. 

Navy.— The power to provide a navy was necessary on 
account of our extended seacoast and the ambition of the 
people to engage in commerce. This power includes the 
enrollment of seamen, the construction of vessels, the 
establishment of navy yards and docks, the purchase of 
supplies and munitions, the instruction of officers and 


LEGISLATIVE POWERS 


103 


men in schools or otherwise, and the performance of any 
other acts necessary to make an efficient navy. 

The Military Law. —As the army and navy are created 
by the general government, Congress was given the power 
to make regulations for their government. This has been 
done by the enactment of a code of rules, called the 
“ Military Law, ” which prescribes tactics and arrangement 
of troops, classifies officers and men, regulates the pay of 
the service, defines military and naval offenses, and pro¬ 
vides for the punishment of offenders by the creation of 
tribunals called “ courts-martial ” and by the establish¬ 
ment of their jurisdiction and procedure. 

Militia. —There has always been in this country a fear 
of a large standing army—that is, a disciplined body of 
men whose sole occupation is military service—and it 
has been the policy of the Government to maintain only 
a small military force to do police duty among the Indians 
and guard the frontiers. If a greater force was needed, 
it was believed that the best defenders of the country 
were its citizens who have homes and property to protect. 
So the main reliance of the country has been upon its 
militia, which is defined as consisting, with a few excep¬ 
tions, of “ every able-bodied male citizen of the respective 
States who is of the age of eighteen years and under the 
age of forty-five years.’’ And this body Congress was 
given power to call out—to execute the laws of the United 
States, to suppress insurrections and to repel invasions. 
By virtue of this provision Congress has conferred upon 
the President power to summon the militia, which then 
becomes a part of the military force of the United States 
and subject to the regulations of the Military Law. 


104 


THE FEDERAL GOVERNMENT 


Organization of Militia.—Such a force, composed of 
men engaged in civil pursuits, would be useless unless 
armed and trained ; so to Congress was given the power, 
which it has exercised in various ways, of preparing the 
people for military duty, particularly by the establish¬ 
ment of uniform tactics and rules for drills and instruc¬ 
tion, which action has been further extended by the 
States. Profiting by the experience of the Revolution, 
in which the militia often refused to obey officers other 
than those from their own States, it was provided that 
the appointment of the regimental officers of the militia 
should be left entirely to the several States. 

Federal Territory.—Congress had not always held its 
meetings at the same place, but had met at various cities. 
This made the Government dependent for support and 
protection upon the State in which it met. These were 
not always afforded, as when on an occasion Congress 
was forced to adjourn its sitting at Philadelphia and con¬ 
tinue it at Princeton (June 21, 1783). To the end that 
the Government might have a permanent seat, the State 
of Maryland granted to it a tract of land on the north¬ 
ern bank of the Potomac, known as the District of 
Columbia, in which is the capital city, where are lo¬ 
cated the Capitol, the official residence of the President, 
known as the “ White House,” and the offices of the vari¬ 
ous departments of the Government. Besides this tract 
there are various places throughout the country where 
Congress has purchased lands and erected arsenals, navy 
yards, military posts, forts and other buildings needful for 
the conduct of the government. Over all these places Con¬ 
gress has exclusive jurisdiction. For it was given power: 


LEGISLATIVE POWERS 


105 


To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular States, and the acceptance of Congress, become the 
seat of the government of the United States, and to exercise like 
authority over all places purchased by the consent of the legis¬ 
lature of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful build¬ 
ings. (Art. I., Sec. 8, Cl. 17.) 

This jurisdiction must be recognized by the State in its 
cession, otherwise it does not exist. The inhabitants of 
such places cease to be citizens of the State, but retain 
their United States citizenship. 

General Powers.— The foregoing are, in the main, the 
specific powers granted to Congress. Other grants will 
be found in other sections of the Constitution, and they 
will be considered in their proper places. These powers 
contain in themselves the right to employ all means nec¬ 
essary to their execution. It has been said: 

However government is constituted, infinitely the greater part 
of it must depend on the exercise of powers which are left at 
large to the prudence and uprightness of ministers of state. 

It was not practicable to enumerate all the means which 
Congress might employ in the exercise of its powers. 
But to satisfy any doubt, it was provided that Congress 
should have power: 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the government of the 
United States, or in any department or officer thereof. (Art. I., 
Sec. 8, Cl. 18.) 

Implied Powers.— About these powers have been waged 
many fierce political conflicts ; and upon the laws enacted 


106 


THE FEDERAL GOVERNMENT 


under them have arisen some of the most noted legal 
questions of our history. The courts have decided in 
favor of the existence of broad powers in Congress, and 
some of the most radical legislation of the country has 
been enacted and sustained under such decisions. Thus, 
under the provision granting the power to borrow money, 
it has been held that Congress could establish national 
banks, a large part of whose capital must be invested in 
national securities, by which a demand for them is cre¬ 
ated and governmental borrowing is made easier. So, 
also, to carry out the various enumerated powers, the 
courts have declared that Congress could enact laws incor¬ 
porating railroads, purchasing foreign territory, making 
United States notes legal tender, establishing a protective 
tariff and performing many other acts broader and more 
important than those authorized by express provision. 


Civil, 


Raise 

revenue 


Regulate 

commerce 


POWERS OF CONGRESS. 


Direct 


Taxation 


Indirect 


Capitation. 

Land. 

Personal property. 
Duties on \ Specific. 

imports (Ad valorem. 
Excises. 


Borrow money. 

Make shipping regulations. 
Improve harbors. 

Build lighthouses. 

Install life-saving stations. 
License pilots. 

Establish quarantines, etc. 
Between States. 

With Indians. 


Foreign 

and 

Domestic 


Domestic 





LEGISLATIVE POWERS 


107 


Maintain 

business 

stability 


Regulate 

postal 

service 

Encourage 
science and 
useful arts 

Define 

crimes 

Regulate 

citizenship 

Govern 

territory 

(obtained from 
States) 


( Minting. 

Coinage •< Regulation of j 
( coin values ( 

Weights and measures. 
Bankruptcy laws. 

Foreign \ Carriage of mails. 

( Postage. 

( Post-offices. 
Domestic -J Post-roads. 

( Postage. 

Caveat. 

Letters patent. 


Patents 


Copyrights. 


Foreign. 

Domestic. 


Exterri¬ 

torial 


Jriracy. 

Felonies on the high seas. 

Crimes against the law of nations. 
' Money. 


Territorial—Counterfeiting 


Securities. 


By defining citizenship. 

By naturalization. 

For seat of government (less than 10 miles 
square). 

For forts, magazines, arsenals, dock-yards and 
other buildings. 


Military. 

Declare war. 

Grant letters of marque and reprisal. 


Make rules as to captures 

Raise and support armies 
Build and maintain a navy 

Organize and call 

out militia 


On land. 

At sea. 

And make rules for governing 

Execute federal laws. 

Suppress insurrections. 

Repel invasions. 


5. LEGISLATIVE PROHIBITIONS. 

Divisions.—Besides the granting of powers, certain 
legislative prohibitions were imposed by the Constitution, 





108 


THE FEDERAL GOVERNMENT 


These prohibitions, with the exception of those contained 
in the Amendments, are found in the ninth and tenth 
sections of Article I. They may be divided into three 
classes : (1) Those relating to the federal government 
only. (2) Those which apply to both federal and state 
governments. (3) Those relating to the States only. 

Some of these have been already considered, as Sec¬ 
tion 9, Clauses 4, 5 and 6, and Section 10, Clause 2. (See 
pages 82, 87 and 88.) 

(1) The Prohibitions upon the Federal Government. 

Slavery. —The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall not 
be prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. (Art. I., 
Sec. 9, Cl. 1.) 

This provision was the result of a compromise in the 
Constitutional Convention between the delegates of those 
States favoring slavery and those in which the system 
was already prohibited or was fast dying out. Its im¬ 
portance passed away with the extinction of slavery by 
the Civil War. 

Habeas Corpus. —The privileges of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or inva¬ 
sion the public safety may require it. (Art. I., Sec. 9, Cl. 2.) 

This right, as we have seen (page 22), was established 
early in the growth of English institutions. The power 
to suspend it had, in the past, been much abused by tyran¬ 
nical rulers, and it was to avoid such misuse by this Gov¬ 
ernment that the provision was enacted, which did not 




LEGISLATIVE PROHIBITIONS 


109 


entirely destroy the power of suspension, but limited it 
to times of extreme necessity. 

Direct Taxes. —No capitation, or other direct, tax shall be laid, 
unless in proportion to the census or enumeration hereinbefore 
directed to be taken. (Art. I., Sec. 9, Cl. 4. See page 82.) 

Appropriations. —No money shall be drawn, from the Treasury 
but in consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of all 
public money shall be published from time to time. (Art. I., 
Sec. 9, Cl. 7.) 

An appropriation is an act providing for the expendi¬ 
ture of a certain sum of money to be drawn from the 
treasury, and stating the purpose for which it shall be 
expended. It has been seen that Congress possesses the 
power of taxation. It follows that this branch of the 
government should disburse the funds so raised, for Con¬ 
gress directly represents the taxpayers. This prohibition 
is particularly a restriction upon the Executive Branch. 

Preferred Ports. —No preference shall be given, by any regula¬ 
tion of commerce or revenue to the ports of one State over those 
of another; nor shall vessels bound to, or from, one State, be 
obliged to enter, clear, or pay duties in another. (Art. I., Sec. 9, 
Cl. 6. See page 88.) 

(2) The Prohibitions applicable to both the United 
States and States. 

Bills of Attainder and Ex Post Facto Laws. —No bill of at¬ 
tainder or ex post facto law shall be passed. (Art. I., Sec. 9, Cl. 3.) 

No State shall . . . pass any bill of attainder, ex post facto 

law, . . . (Art. I., Sec. 10, Cl. 1.) 

A hill of attainder is a legislative act which imposes a 


110 


THE FEDERAL GOVERNMENT 


punishment without a judicial trial. If the punishment 
be less than death, the act is termed a bill of pains and 
'penalties. Within the meaning of the Constitution, bills 
of attainder include bills of pains and penalties. 

Formerly bills of attainder were extensively used to 
overawe the people and keep them in subjection. The 
struggles incident to the rise of English liberties were 
marked by many examples of their arbitrary use, par¬ 
ticularly the “Great Act of Attainder” of 1688, which 
comprised a list of over two thousand persons. The chief 
severity of the punishment in such cases was that the con¬ 
demned person was rendered incapable of inheriting prop¬ 
erty from an ancestor or of transmitting it to his children. 

Bills of attainder are unjust in the highest degree, in 
that they deprive men of life, liberty or property without 
a trial, and often without proof of guilt or the opportu¬ 
nity of defense. In an early case a justice of the Supreme 
Court said: 

It [this prohibition] very probably arose from the knowledge 
that the Parliament of Great Britain claimed and exercised the 
power to pass such laws, . . . The ground for the exercise 

of such legislative power was this, that the safety of the kingdom 
depended on the death, or other punishment, of the offender. 
With few exceptions, the advocates of such laws were stimulated 
by ambition or personal resentment and malice. To prevent such 
and similar acts of violence and injustice, I believe the federal 
and state legislatures were prohibited from passing any bill of 
attainder. 

An ex post facto law is a criminal law. It is defined 
by the Supreme Court of the United States as: 

Every law that makes an action done before the passage of the 
law, and which was innocent when done, criminal and punishes 
such action; 


LEGISLATIVE PROHIBITIONS 


111 


Every law that aggravates a crime, or makes it greater thau 
it was when committed; 

Every law that changes the punishment and inflicts a greater 
punishment than the law annexed to the crime when committed; 

Every law that alters the legal rules of evidence and receives 
less or different testimony than the law required at the time of 
the commission of the offense, in order to convict the offender. 

Such laws are manifestly unjust and oppressive. For 
with the possibility of their enactment no man is secure 
in his life, his liberty or his property. The most inno¬ 
cent act of to-day may by the law of to-morrow be de¬ 
clared a grave offense and be visited with extreme pun¬ 
ishment. Chief Justice Marshall has said: 

The legislature is prohibited from passing a law by which a 
man’s estate or any part of it shall be seized for a crime which was 
not declared by some provision of law, to render him liable to 
that punishment. 

Titles of Nobility.—No title of nobility shall be granted by the 
United States; and no person holding any office of profit or trust 
under them, shall, without the consent of the Congress, accept of 
any present, emolument, office, or title, of any kind whatever, 
from any king, prince, or foreign State. (Art. I., Sec. 9, Cl. 8.) 

No State shall . . . grant any title of nobility. (Art. I., 
Sec. 10, Cl. 1.) 

Nobility is an adjunct of royalty, and titles create class 
distinction, which is contrary to the provision of the Dec¬ 
laration of Independence, which declares that “all men 
are created free and equal,” and is antagonistic to the 
institutions of a republic, which depends for its life upon 
the absolute equality of all the people. 

In the same spirit is that part of the prohibition rela¬ 
tive to officers of the government. The duty to the Gov¬ 
ernment should be paramount to all others. Oftentimes 


112 


THE FEDERAL GOVERNMENT 


the prosperity, if not the very existence, of the nation 
depends upon the loyalty of its representatives and 
officers. To guarantee fidelity to this trust, the provision 
was made so as to prevent them from being bribed and 
their official acts influenced by foreign states. From 
time to time various nations and rulers have made pres¬ 
ents to our presidents and other officials, but these have 
been surrendered to the Government, and are preserved 
in the National Museum at "Washington. 

(3) The Prohibitions upon the States. 

Miscellaneous.— No State shall enter into any treaty, alliance, 
or confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make anything but gold and silver 
coin a tender in payment of debts ; pass any . . . law im¬ 
pairing the obligation of contracts, . . . (Art. I., Sec. 10, 

Cl. 1.) 

For the purpose of establishing uniformity in our for¬ 
eign relations, the several States surrendered to the gen¬ 
eral government all their sovereign rights and powers in 
external affairs. If the States were permitted to make 
treaties and alliances, it would result in danger to the 
Union, since they might enter into agreements which 
would be antagonistic to the interests not only of other 
States, but of the nation at large. Or, if a State were 
allowed to issue letters of marque and reprisal, it might 
involve all others in war. The prohibition against State 
coinage rests on much the same principle, for to permit 
it would destroy the very uniformity in our currency 
which we have seen to be necessary to its usefulness. 

Bills of Credit.— Bills of credit are paper issued by a 
government, in which it promises to pay at some future 


LEGISLATIVE PROHIBITIONS 


113 


time certain sums of money to the persons holding it. 
During the Revolutionary War they were issued in vast 
quantity and circulated as money among the people. 
Rot being paid when due, they rapidly depreciated in 
value, till they became practically worthless. As a result 
great financial losses followed, and public and private 
credit was destroyed. This prohibition was inserted to 
avoid a recurrence of such evils. Bills of credit must not 
be confounded with state bonds, which are contracts on 
the part of the State to pay for services rendered to it 
or for money borrowed for present use. “They are,” 
says Chief Justice Marshall, “ paper intended to circulate 
through the community, for its ordinary purposes, as 
money.” The provision relating to tender inpayment 
of debts was for the purpose of further avoiding the dan¬ 
gers of a debased currency. 

Contract Obligations.—The provision restraining a State 
from passing any law impairing the obligations of con¬ 
tracts is of inestimable value, for it enters into every rela¬ 
tion of life. The home, business, society are all affected 
by contract relations, for a contract is an agreement be¬ 
tween two or more persons for a consideration to do or 
not to do some particular thing. It is therefore necessary 
to the security of human relations that an agreement once 
made should be undisturbed. Otherwise there would be 
no safety in trade or the affairs of life. Prior to the Con¬ 
stitution it was no uncommon occurrence for laws to be 
enacted without regard to their effect upon existing con¬ 
tracts. The Insecurity thus occasioned was the cause of 
this provision, which extends not only to contracts be¬ 
tween individuals, but also to those between the individ- 
8 


114 


THE FEDERAL GOVERNMENT 


ual and the state. The extent of the prohibition was 
early decided by the Supreme Court in the celebrated 
Dartmouth College Case, which arose over an attempt 
by the legislature to alter the charter of the college. In 
a later case the same court said: 

It has been decided that a contract entered into between a 
state and an individual is as fully protected by the tenth section 
of the first article of the Constitution as a contract between in¬ 
dividuals. 

Commercial Regulations.—No State shall, without the con¬ 
sent of the Congress, lay any imposts or duties on imports or 
exports, except what may be absolutely necessary for executing 
its inspection laws; and the net produce of all duties and imposts, 
laid by any State on imports or exports, shall be for the use of 
the Treasury of the United States ; and all such laws shall be 
subject to the revision and control- of the Congress. (Art. I., 
Sec. 10, Cl. 2.) 

No State shall, without the consent of Congress, lay any 
duty of tonnage,* keep troops, or ships of war in time of peace, 
enter into any agreement or compact with another State, or with 
a foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. (Art. I.,‘See. 
10, Cl. 3.) 

The exercise of any of the powers prohibited by these 
clauses would so evidently conflict with those granted to 
Congress, or would be so liable to cause unjust discrimi¬ 
nations by the States, resulting in endless confusion, if 
not serious complications, that no discussion seems neces¬ 
sary. A recital of the subjects is sufficient to show that 
they should be prohibited to states which are members 
of a union. 

* Tonnage duty is a charge upon ships based upon their capacity. 


peculiar powers op senate and house 115 


PROHIBITIONS. 

Upon Federal Government. 

To prohibit the Slave Trade before 1808. 

To suspend the writ of Habeas Corpus t Rebellion. 

except in case of (Invasion. 

■ To lay Direct Taxes except in proportion to census. 

To levy export duties. 

To Draw Money from treasury except as appropriated by law. 
To make Preferred Ports. 

Upon Federal and State Governments. 

( m S Bills of Attainder. 

J Topass \ Ex Post Facto Laws. 

( To grant Titles of Nobility. 


Upon State Governments. 


Without 

exception 


Except by 
consent of 
Congress 


( Treaty. 

To enter into •< Alliance. 

( Confederation. 

To grant letters of marque and reprisal. 

To coin money. 

To emit bills of credit. 

To make anything legal tender except gold and 
silver coin. 

To pass laws impairing contract obligations. 

To lay imposts and duties on 


Imports. 

Exports. 


To lay duty on tonnage. 

To keep in time of peace 

To enter into an 

agreement with 

To engage in war unless 


Troops. 

Ships of war. 
Another State. 
Foreign nation, 
actually invaded, 
in imminent danger. 


6. PECULIAR POWERS OF SENATE AND HOUSE. 

The Powers and Prohibitions which we have consid¬ 
ered apply to both houses of Congress. There are, how- 




116 


THE FEDERAL GOVERNMENT 


ever, some rights and powers peculiar to each, such as 
the control of its own organization and members (Art. I., 
Sec. 5, Cl. 1 and 2), and certain others relating to the 
conduct of the government. 

House of Representatives. 

Financial Bills. —The most important right possessed by 
the House alone is that: 

AH bills for raising revenue shall originate in the House of Representa¬ 
tives; but the Senate may propose or concur with amendments as on 
other bills. (Art. I., Sec. 7, Cl. 1.) 

The spirit of this provision came from the English con¬ 
stitution. The growth of political power in the Com¬ 
mons had resulted from questions relating to taxation. 
The people, who paid, demanded the right to levy taxes. 
In 1407 the sole authority to originate money bills became 
fixed in the House of Commons. A question having 
arisen between the two houses, Henry IY. ordained that 
the Commons should “grant,” and the Lords “concur 
in,” appropriations of money, which should be reported 
to the king “by the mouth of the Speaker of the Com¬ 
mons.” Attempts were made by the Lords to encroach 
upon this power, which the Commons successfully re¬ 
sisted, even asserting that the Lords could not amend, 
but had only the right to consent to or reject the legisla¬ 
tion. This limitation was in force in England at the time 
of the Constitutional Convention. Doubtless the suc¬ 
cess of the practice influenced the Convention in placing 
a similar provision in the Constitution, but the reasons 
for it are less apparent than in the English system. The 


THE PRESIDENT AND LEGISLATION 


117 


two houses of Congress do not represent different classes. 
Still, the constant renewal of the House by popular 
elections gives the people a nearer approach to legislation 
through that body than through the Senate, and they are 
able in a measure to control the demands made upon 
their resources. Legislative custom has further extended 
this exclusive right to the initiation of bills for general 
expenditures. 

Impeachment. —“ The House of Representatives . . ♦ 
shall have the sole power of impeachment ” (Art. I., Sec. 
2, Cl. 5). This, with the power of the Senate to try all 
cases of impeachment (Art. I., Sec. 3, Cl. 6), will be con¬ 
sidered under the Judicial Branch of the government. 
(See page 156.) 

Senate. 

Executive Powers.— The peculiar powers of the Senate, 
which consist in the exercise of certain executive func¬ 
tions, as confirmations of treaties and appointments, will 
be treated in connection with the Executive Branch. 
(See pages 129 and 131.) 

7. THE PRESIDENT AND LEGISLATION. 

Relation to Congress. —Before concluding the consid¬ 
eration of the Legislative Branch of the government, it 
remains to note the relation of the President to the law¬ 
making power. He is not a member of either house. 
Only in the case of a disagreement between them as to 
the time to which to adjourn can he interfere with their 
conduct (Art. II., Sec. 3). His character as a legislator 
resembles that of a third house. It has been said: 


118 


THE FEDERAL GOVERNMENT 


The President represents the people at large—the Nation; 
the Senate, the people in separate commonwealths—the States; 
the House of Representatives, the same people in small com¬ 
munities—Congressional Districts. 

Veto Power.—Still, in his legislative capacity he cannot 
originate legislation. His power lies in his authority to 
check congressional action. 

Every bill which shall have passed the House of Representa¬ 
tives and the Senate, shall, before it become a law, be presented 
to the President of the United States ; if he approve he shall 
sign it, but if not he shall return it, with his objections to that 
house in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider 
it. If after such reconsideration two thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, 
and if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be de¬ 
termined by yeas and nays, and the names of the persons voting 
for and against the bills shall be entered on the journal of each 
house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment) shall be presented to the President of 
the United States; and before the same shall take effect, shall be 
approved by him, or being disapproved by him, shall be repassed 
by two thirds of the Senate and House of Representatives, accord¬ 
ing to the rules and limitations prescribed in the case of a bill 
(Art, I., Sec. 7, Cl. 2 and 3.) 

This power of the President is called the “ veto power,” 
and his neglect to sign a bill remaining in his hands after 


THE PRESIDENT AND LEGISLATION 


119 


the adjournment of Congress is called a “ pocket veto.” 
The veto power is somewhat«monarchical in its character, 
and was derived from England, though an early and 
democratic form was exercised by the Roman tribunes. 
It is worthy of note that no English ruler has employed 
the veto since 1707, while it has been constantly exercised 
by the President, and has, in this country, prevented 
much harmful legislation. It is, however, not an abso¬ 
lute power, for it may be overridden by a sufficient 
majority in Congress, in which case the bill is said to be 
passed “ over the President’s veto ” ; but so great is the 
influence of the Executive that such action is rarely 
attempted and seldom successful. 


CHAPTER III. 


THE EXECUTIVE BRANCH. 

1. THE PRESIDENT AND VICE-PRESIDENT. 

Separate Executive.— The Convention of 1787 adopted 
at the very outset the principle that the executive branch 
of the government should be separate and distinct from 
the legislative and judicial branches. 

Executive under the Confederation. —A large part of the 
weakness of the Confederacy had been attributed to the 
cumbersome method of vesting all governmental powers 
in one representative body. But this was only a partial 
cause, for the executive powers granted by the Articles 
were so limited that they would not have been efficient 
even if exercised by a distinct department. The separa¬ 
tion of the legislative* and executive branches is not abso¬ 
lutely essential to a strong and stable government. The 
laws of Great Britain are to-day administered by a min¬ 
istry which is, in fact, a committee chosen from the party 
having a majority in the House of Commons. 

Reason for a Separate Executive.— In 1787 English 
writers and statesmen believed that the government of 
England possessed distinct branches, while in her Ameri¬ 
can colonies such distinction had been actual . The dele¬ 
gates, therefore, familiar with this principle and believing 


THE PRESIDENT AND VICE-PRESIDENT 121 


that the unity of powers under the Confederation had 
been a failure, deemed this separation necessary, and 
adopted it as the basis upon which to erect the new gov¬ 
ernment. 

Difficulty of Organizing Branch.—There was no subject 
more carefully discussed or in regard to which there was 
more diversity of opinion than the organization of the 
executive' department. There was ample material in the 
governmental experience of the Confederacy for the con¬ 
struction of the legislative branch, but the executive 
powers to be granted presented a subject which caused 
much speculation, debate and the gravest anxiety. 

Number of Executive.— The first step was to decide the 
number of persons who should constitute the executive. 
Arguments were advanced in favor of three persons with 
equal powers, and also in favor of a single executive. To 
the former proposition it was objected that any division 
of responsibility w^ould induce corruption, that disagree¬ 
ments would delay and weaken executive action and that 
it was needless for this branch of government to be delib¬ 
erative in character, as its sole duty was to enforce the 
laws. These objections, and the experience of most of 
the delegates in their state governments, prevailed, and 
it w r as decided that “ the executive power shall be vested 
in a President of the United States of America” (Art. 
II., Sec. 1, Cl. 1). 

Election of President. —The manner of his selection was 
then considered. Upon this there prevailed the widest 
difference of opinion, and it was not finally decided until 
the last two weeks of the sessions. The “ Virginia Plan ” 
provided that the executive should be appointed by the 


122 


THE FEDERAL GOVERNMENT 


national legislature. Three other modes were proposed 
—(1) by electors chosen by the people ; (2) by the state 
executives ; and ( 3 ) by the people directly. The first of 
these propositions was, after much discussion, adopted, 
and it was provided that: 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 
be entitled in the Congress ; but no Senator or Representative, or 
person holding an office of trust or profit under the United States, 
shall be appointed an elector. 

The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to 
the President of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap¬ 
pointed ; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Represent¬ 
atives shall immediately choose by ballot one of them for Presi¬ 
dent ; and if no person have a majority, then from the five 
highest on the list the said House shall in like manner choose 
the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote ; a quorum for this purpose shall consist of a member or 
members from two thirds of the States, and a majority of all 
the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of 
votes of the electors shall be the Vice President.^ But if there 
should remain two or more who have equal votes, the Senate 
shall choose from them by ballot the Vice President. (Art. II., 
Sec. 1, Cl. 2 and 3.) 


THE PRESIDENT AND VICE-PRESIDENT 123 


In 1804 the third clause was amended as follows: 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves ; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, and 
they shall make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the number 
of votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Repre¬ 
sentatives, open all the certificates and the votes shall then be 
counted. The person having the greatest number of votes for 
President, shall be the President, if such number be a majority of 
the whole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the vote shall be taken 
by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representa¬ 
tives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March next fol¬ 
lowing, then the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of the President. 

The person having the greatest number of votes as Vice-Presi¬ 
dent, shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice-President ; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the office of Presi¬ 
dent shall be eligible to that of Vice-President of the United 
States. (Amendment XII.) 


124 


THE FEDERAL GOVERNMENT 


Electoral College.—The electors thus chosen in the sev¬ 
eral States form the “Electoral College.” It was the 
belief of the framers of the Constitution that the electors 
in each State would form a deliberative body which 
would discuss the merits of different statesmen and cast 
their votes for the one best fitted for the presidency ; but 
with the first election in which party lines were strictly 
drawn (1796), the electors cast their ballots for the persons 
who were the recognized candidates of political parties ; 
and since that time, with but a few unimportant excep¬ 
tions, the electors have voted for their party’s candidate. 
It is the usual custom that a State’s electors are voted for 
on a general ticket by all the qualified voters of the State. 
Each State, however, may prescribe its method of select¬ 
ing electors. In the election of 1892 in Michigan, two 
electors were chosen on a general ticket by the State at 
large, and one by the people of each congressional 
district. 

Time of Election and Meeting.—The Constitution pro¬ 
vides that: 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall 
be the same throughout the United States. (Art. II., Sec. 1, Cl. 4.) 

The election of electors occurs on the first Tuesday 
next after the first Monday in November of each year 
divisible by four. The meetings of the electors in their 
respective States take place at the state capitals on the 
second Monday in January following their election. 
After the votes have been cast, the electors prepare tripli¬ 
cate certificates of the result, signed by all of them ; one 


THE PRESIDENT AND VICE-PRESIDENT 125 


of these is mailed, and another sent by special messen¬ 
ger, to the President of the Senate ; the third is deposited 
with the District Judge of the federal district where the 
meeting is held. 

Counting the Ballots.—The counting of the electoral 
votes, which occurs on the second Wednesday in Feb¬ 
ruary, has been done under joint resolution of the two 
houses of Congress, but the Constitution does not provide 
how it shall be done or who shall determine between the 
certificates received from two contesting sets of electors 
in the same State ; this was fixed by statute in 1887. 

Presidents Term of Office.—In determining the Presi¬ 
dent’s term of office the Convention was influenced chiefly 
by the method of his selection. The original proposition 
was for a term of seven years, as it was deemed that a 
long term would make him more independent of the legis¬ 
lative branch ; but when the choice of the executive was 
given to a representative body entirely distinct from the 
national legislature, the reason for a long term disap¬ 
peared, and it was provided that “ he shall hold his office 
during the term of four years,” . . . (Art. III., Sec. 

1, Cl. 1). Through custom, however, it has become a 
settled rule that no person shall fill the office of President 
for more than two successive terms, a rule established by 
the action of Presidents Washington and Jefferson, who 
both declined to become candidates for reelection after 
serving for two terms. 

Time of Inauguration.—By a resolve of the Congress of 
the Confederacy, the President chosen under the Consti¬ 
tution was to be inaugurated on the first Wednesday in 
March, 1789. This happened to be the fourth day of the 


126 


THE FEDERAL GOVERNMENT 


month, so that the terms of succeeding Presidents have 
all commenced on that date, except when it is Sunday, 
and then on the succeeding day. 

Ceremony of Inauguration.—The ceremony of inaugura¬ 
tion takes place at Washington. An hour or so before 
noon the President-elect is conducted by the committee 
having the matter in charge to the Executive Mansion, 
where he joins the outgoing President, and seated at his 
left they are driven to the Capitol. In the presence of 
the assembled people the oath provided for in the Consti¬ 
tution (Art. II., Sec. 1, Cl. 8) is administered upon an 
open bible by the Chief Justice of the United States. 
The President then delivers an address, after which, 
accompanied by the former President seated at his left, 
he returns to the Executive Mansion and reviews the mili¬ 
tary and civic organizations which form the inaugural 
procession. 

Qualifications.—The provisions of the Constitution re¬ 
lating to the qualifications for President are that: 

No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be 
eligible to the office of President; neither shall any person be eli¬ 
gible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United 
States. (Art. II., Sec. 1, Cl. 5.) 

The provision relative to a person who was a citizen of 
the United States at the time of the adoption of the Con¬ 
stitution was only applicable for a short period after 
1787. The further provision that he must have resided 
fourteen years within the United States should probably 
be read in connection with the last, but may apply to the 


THE PRESIDENT AND VICE-PRESIDENT 127 


whole clause. The question has never yet arisen. The 
qualification that the President should be a landowner 
was discussed by the Convention, but was rejected as 
limiting the choice of the electors to a class, and thus 
being contrary to republican institutions. 

Compensation.—A subject constantly before the Con¬ 
vention, when considering the mode of electing the Presi¬ 
dent, was the evil of making the latter in any way de¬ 
pendent upon the legislative branch. In order, therefore, 
to make the President independent of Congress for his 
support, the Constitution provides that: 

The President shall, at stated times, receive for his services, a com¬ 
pensation, which shall neither be increased nor diminished during 
the period for which he may have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them. (Art. II., Sec. 1., Cl. 7.) 

The Government, however, pays the larger part of the 
President’s official expenses. The act of 1793 fixed the 
annual salary of the President at $25,000, which was in¬ 
creased in 1873 to $50,000 and in 1909 to $75,000. 

The Vice-President.—Since the President was to he 
elected for a fixed term, it was provided that: 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice President [chosen 
for the same term (Art. II., Sec. 1., Cl. 1) ], and the Congress may 
by law provide for the case of removal, death, resignation or in¬ 
ability, both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall act ac¬ 
cordingly, until the disability be removed, or a President shall be 
elected. (Art. II., Sec. 1, Cl. 6.) 


128 


THE FEDERAL GOVERNMENT 


Election of Vice-President.—The provision for the elec¬ 
tion of the Vice-President (which is made in Article II., 
Section 1, Clause 3, and changed by Amendment XII.) 
differed from the provision for the election of the 
President in the original clause in not requiring a major¬ 
ity of the electoral votes, but only that the person hav¬ 
ing the next highest number to the President should be 
Vice-President. On the adoption of Amendment XII., 
which provided that the electors should designate their 
choice for President and Vice-President separately, the 
requirement of a majority was applied to both offices. 
Another difference is that in case there is no choice of a 
President by the * electors or the “ House,” “ the Vice- 
President shall act as President, as in the case of the 
death or other constitutional disability of the President.” 

Succession to the Presidency.—By force of an act of Con¬ 
gress, which came into effect January 19, 1886, in case 
of the death, resignation or inability of both the Presi¬ 
dent and Vice-President, the Secretary of State (if he is 
qualified to be elected President), and after him the 
Secretary of the Treasury, Secretary of War, Attorney- 
General, Postmaster-General, Secretary of the Navy 
and Secretary of the Interior, in this order, will hold 
the office of President until the disability ceases or an¬ 
other President is chosen. Before 1886 the President pro 
tempore of the Senate and the Speaker of the “ House ” 
would, in turn, have succeeded to the Presidency in such 
an emergency. The death of Vice-President Hendricks 
in November, 1885, called attention to the fact that, in 
case of the death of the President, a political opponent 
might, under the former act, succeed him. To avoid 


EXECUTIVE POWERS 129 

such a possibility the act establishing the succession was 
changed. 


2. EXECUTIVE POWERS. 

Military Power. —The Constitution provides that: 

The President shall be Commander in Chief of the Army and 
Navy of the United States, and of the militia of the several States, 
when called into the actual service of the United States ; . . . 
(Art. II., Sec. 2, Cl. 1.) 

Although no President has ever taken the field in this 
capacity, he is responsible for the conduct of military 
operations and possesses the implied war powers of open¬ 
ing hostilities and instituting a blockade. (See page 197.) 

Classification of Civil Powers.— The civil powers of the 
President may be divided into five classes: 1. The Veto 
Power. 2. The Appointing Power. 3. The Pardoning 
Power. 4. The Power to conduct the relations with for¬ 
eign countries. 5. The Power to administer the internal 
affairs of the nation. 

1. Veto Power.— The Yeto Power has been discussed 
in considering the legislative branch. (See page 118.) 

2 . Appointing Power. —The Appointing Power is that 
by which the President 

shall nominate, and by and with the advice and consent of 
the Senate, shall appoint ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise pro¬ 
vided for, and which shall be established by law; but the Congress 
may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or in the 
heads of departments. (Art. II., Sec. 2, Cl. 2.) 

9 


130 


THE FEDERAL GOVERNMENT 


Civil Service Act. —Appointments of this latter class 
have been limited by an act of Congress, known as the 
“Civil Service Act,” which establishes a Commission 
which classifies appointive positions and examines appli¬ 
cants for appointment to the Civil Service, under which 
term is included “the executive branch of the public 
service as distinguished from the military, naval, legis¬ 
lative and judicial.” The names of those who pass the 
examination, which is educational in character, are placed 
upon a list in the proper class, and an appointment to 
any classified office must be made from the list of that 
class. In the “Classified Civil Service,” however, are 
included no officers whose appointments are subject to 
the approval of the Senate, or who, holding positions of 
responsibility, could affect the policy of the Government. 

Spoils System. —The limitation of the appointing power by the 
Civil Service Act was the outcome of a popular movement against 
what is known as the “Spoils System.” Since the time of Presi¬ 
dent Jackson it had been customary to create vacancies in the civil 
service by removal for the sole purpose of filling them with mem¬ 
bers of the political party in control, on the principle that ‘ ‘ to the 
victors belong the spoils.” Activity in the party rather than per¬ 
sonal fitness thus regulated appointments. The chief evil of this 
system was not so much the weakening of the government service 
through the periodical appointment of inexperienced and ineffi¬ 
cient officials as it was its corrupting influence on political parties. 
“ Spoils ” became the object of success in elections, and large sums 
were contributed by those in office to their party organizations to 
retain their positions, while the chief aim of their political oppo¬ 
nents was to obtain the offices. Party principles and great national 
questions were lost sight of in this scramble for office, until public 
opinion became so strong against the evil that an organized move¬ 
ment for “Civil Service Reform” was commenced, resulting in 
the present laws. Its beneficial effects have already been felt 


EXECUTIVE POWERS 


131 


in the improvement in the government service and in lessening 
the corruption in the political parties. 

Executive Sessions. —Nominations by the President of 
officers for whose appointment the Constitution requires 
senatorial consent are sent to the Senate by special mes¬ 
senger. The consideration of such nominations, and also 
of treaties, is held by the Senate behind closed doors, the 
public being excluded. Sessions of this character are 
termed 4 c executive sessions, ’ ’ because the Senate is exer¬ 
cising an executive and not a legislative function. From 
the fact that they are held secretly , the term “ executive ” 
is now generally applied to any secret session of the legis¬ 
lative body, without reference to the power which is 
being exercised. 

Appointments during Recess of Senate. —The Constitu¬ 
tion also provides that: 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. (Art. II., Sec. 
2, Cl. 3.) 

This clause applies only to such appointments as require 
senatorial consent. It is further provided that the Presi¬ 
dent “ shall commission all the officers of the United 
States” (Art. II., Sec. 3). 

Removals.— There is connected with the appointing 
power the implied power to remove by dismissal a civil 
officer who fails to perform his duties or acts against the 
policy of the Government. Military and naval officers, 
however, are removed by court-martial; and members 
of the judiciary only by impeachment. 


132 


THE FEDERAL GOVERNMENT 


3. Pardoning Power. —The Constitution provides that 
the President 

shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. (Art. 
II., Sec. 2, Cl. 1.) 

The pardoning power includes the right of pardon, 
amnesty, reprieve and commutation of sentence. 

A pardon is an act of the executive by which a person convicted 
of a crime is exempted from the punishment imposed by law. A gen¬ 
eral pardon, which applies to a number of persons guilty of the same 
offense, is termed an amnesty. A reprieve is the temporary suspen¬ 
sion of the execution of a judicial sentence. A commutation of a sen¬ 
tence is lessening the severity of the punishment which the law imposes. 

Necessity of Power. —This power is necessary to rectify 
errors of justice, but is not applicable to impeachment, 
because the Court of Impeachment is the highest instru¬ 
ment of the sovereignty, before which even the President 
and Justices of the Supreme Court can be summoned and 
tried. 

4. The Power to Conduct the Relations with Foreign 
Nations; Treaties. —This power authorizes the Presi¬ 
dent, “ by and with the advice and consent of the Senate, 
to make treaties, provided two thirds of the Senators pres¬ 
ent concur” (Art. II., Sec. 2, Cl. 2). As the local inter¬ 
ests of a State may be involved in a treaty, the Senate, 
which represents the States, is given a voice in its adop¬ 
tion. Thus the President in ratifying a treaty represents 
the people in general, and the Senate the States. A 
treaty, or a “ convention,” as it is sometimes called, is a 
compact between two or more sovereign states for their 
general welfare. 


EXECUTIVE POWERS 


133 


Treaty-making. —The usual method of entering into a treaty 
with a foreign government is as follows : The negotiators, who 
may he either the Secretary of State and the diplomatic represent¬ 
ative of the other government, our minister to the other country 
and its minister of foreign affairs, or commissioners especially ap¬ 
pointed for the purpose, meet and exhibit their credentials, which 
must he plenary. The usual commission of an ambassador or 
minister is not sufficient; he must have a special commission giv¬ 
ing him power to negotiate this particular treaty. 

Drafting and Ratifying.— The negotiators submit drafts 
of the proposed treaty and suggest changes until an agreement 
is reached. It is then prepared in duplicate and the treaty is 
“ celebrated ”; that is, signed by the negotiators. In each of these 
duplicates, or “counterparts,” the text of the treaty appears in 
English and in the language of the nation with which it is made. 
The treaty is then delivered to the President, who, if he approves, 
sends it to the Senate for ratification. When approved by two 
thirds of the Senators present it is returned to the President, 
who signs it and causes the Great Seal of the United States to be 
affixed. 

Exchange of Ratifications.— The Secretary of State, or a 
commissioner with a special commission for this purpose, meets a 
commissioner of the other government, which has meanwhile 
ratified the treaty, and “ratifications are exchanged”; that is, 
the treaty signed by the President is delivered to the foreign com¬ 
missioner and the treaty signed by the sovereign or president of 
the other country is given to the American representative. 

Treaty Proclaimed. —As soon as the exchange of ratifica¬ 
tions takes place, a proclamation, containing the text of the 
treaty, is issued by the Secretary of State in the name of the 
President, and it becomes a law of the United States. 

Peace and Armistice. —As peace is made by treaty, the 
President can, with the consent of the Senate, make 
peace, and, without such consent, enter into an armistice 
for the cessation of hostilities, looking toward peace. 

5. The Power to Administer the Internal Affairs of the 
Nation. —This power is implied by the clause, “He shall 


134 


THE FEDERAL GOVERNMENT 


take care that the laws be faithfully executed ” (Art. 
II., Sec. 3). 

Power to Convene Congress.— In connection with the 
two powers last discussed, the President “ may, on extra¬ 
ordinary occasions, convene both houses, or either of 
them” (Id.). Such occasions may be the consideration 
of a treaty, the probability of war, the necessity of pre¬ 
serving the credit of the country or providing funds to 
conduct the government. 

3. THE EXECUTIVE DEPARTMENTS . 

Created by Congress.— The Executive Departments, 
through which the President conducts the affairs of the 
nation, are recognized, although not directly established 
by the Constitution. They have been created and their 
duties defined by acts of Congress. 

The Cabinet.— The Heads of Departments, as they are 
termed in the Constitution, form the “ official family ” 
of the President, and as such are called tne Cabinet. 
They are appointed by the President, with the consent 
of the Senate, and can be removed by him at his dis¬ 
cretion. 

1. The Cabinet. 

Origin.— The Cabinet is not recognized by the Consti¬ 
tution. Although the advisability of such a council was 
discussed in the Constitutional Convention, it was not 
established because of a fear that it would lessen the 
responsibility of the chief magistrate to the people. But 
it was provided that the President 


THE EXECUTIVE DEPARTMENTS 


135 


may require the opinion, in writing, of the principal officer in 
each of the executive departments, upon any subject relating to 
the duties of their respective offices, . . . (Art. II., Sec. 2 .) 

Early in our history there was introduced the custom, 
which still continues, of having these officers meet with 
the President to consult upon important matters, so that 
the Cabinet has become a recognized part of our system 
of national government. 

Meetings.—The Cabinet usually meets twice a week, 
but may be convened at any time. At these meetings 
the policy of the Government is discussed, but the Presi¬ 
dent is not bound by the opinions expressed, and so his 
responsibility to the people for any executive act is in no 
way lessened. 

Cabinet in England and the United States.—The word 
“ Cabinet ” is an adoption from the English term applied 
to the body of public ministers who enforce the laws. 
In Great Britain it possesses the executive authority ; its 
members sit in Parliament and are responsible to that 
body and to the sovereign for their acts. In the United 
States the Cabinet is merely an advisory body to the 
President, and neither the President nor any cabinet 
officer can, under the Constitution (Art. I., Sec. 6, Cl. 2), 
be a member of the Senate or House of Representatives. 

2. The Departments. 

When Created.—The Executive Departments of the 
government were originally four in number—the Depart¬ 
ment of State, the Treasury Department, the War De¬ 
partment and the Department of Justice. To these were 
added in 1798 the Navy Department, in 1829 the Post 


136 


THE FEDERAL GOVERNMENT 


Office Department, in 1849 the Department of the Interior, 
in 1889 the Department of Agriculture, and in 1903 the 
Department of Commerce and Labor. 

Official Heads. — The heads of these nine Departments 
are respectively the Secretary of State, the Secretary of 
the Treasury, the Secretary of War, the Attorney-Gen¬ 
eral of the United States, the Secretary of the Navy, the 
Postmaster-General, the Secretary of the Interior, the 
Secretary of Agriculture, and the Secretary of Commerce 
and Labor. These officers, appointed by the President, 
form the Cabinet and constitute the President’s official 
advisers. 


(a) Department of State. 

Duties.—This Department has charge of the corre¬ 
spondence with agents of the United States in foreign coun¬ 
tries, of negotiations with the diplomatic agents of other 
governments and of the general conduct of foreign affairs. 

Duties of Secretary of State.—The Secretary of State, 
besides directing the affairs of his Department, is the cus¬ 
todian of the great seal of the United States. He is 
charged with the promulgation of the laws ; with giving 
notice of proposed constitutional amendments and with 
their promulgation wjien adopted ; with notifying the 
state authorities of vacancies in the offices of President 
or Yice-President ; and with issuing proclamations and 
other presidential communications of a public character. 

Passports.—The Secretary of State can grant passports 
to citizens of the United States who go abroad intending 
to return. K passport is a certificate that the person de¬ 
scribed in it is a citizen of the United States, and is used 


THE EXECUTIVE DEPARTMENTS 


137 


for the purpose of identification and to obtain the protec¬ 
tion and rights to which he is entitled. 

Diplomatic and Consular Service. —The agents of the 
United States in foreign countries are of two classes: 
diplomatic and consular. 

Diplomatic Service. —A Diplomatic Agent is an official 
accredited—that is, sent with credentials of his character 
and rank—to a foreign sovereign or government, whose 
duty is to conduct the official intercourse between the 
United States and that sovereign or government, which 
is done through the Minister of Foreign Affairs of the 
other country. The conduct of such intercourse is termed 
diplomacy. There are four grades in the Diplomatic 
Service, which rank in the order given: (1) Ambassadors; 
(2) Ministers Plenipotentiary; (3) Ministers Resident; and 
(4) Charges d’Affaires. 

An Ambassador is supposed to be the representative of 
the person of the sovereign, and as such entitled to special 
privileges, among which was claimed the right to deal 
directly with the sovereign to whom he is accredited. 
This important privilege is, however, denied by later 
authorities, and ambassadors differ from other diplomatic 
representatives only in rank, which affects their social 
rather than their official standing. 

A Minister Plenipotentiary , or, to give him his full 
title, “ Envoy Extraordinary and Minister Plenipoten¬ 
tiary,’ ’ represents the affairs, not the person, of the sov¬ 
ereign.* The word “ plenipotentiary ” never possesses 
its full meaning in this connection. 

* There being no one individual in the United States who possesses the 
sovereignty, representation of the sovereign’s person is in a measure fie- 


138 


THE FEDERAL GOVERNMENT 


A Minister Resident differs from a Minister Plenipo¬ 
tentiary only in grade. 

A Charge d’Affaires ,represents the Secretary of State, 
and is accredited to the minister of foreign affairs of the 
government to which he is sent. A Charge d’Affaires 
ad interim is an official who, during the absence of an 
ambassador or minister, performs his duties. lie is 
usually the first secretary of the embassy or legation. 

Diplomatic Commissioners.—Besides these diplomatic 
agents, a commissioner, with the rank of one of the first 
two grades, is sometimes appointed for a special purpose, 
such as the negotiation of a treaty or the settlement of 
claims. 

Diplomatic Privileges.—Diplomatic agents and their at¬ 
taches possess certain exceptional privileges which are 
universally recognized. For example, they are exempt 
from criminal prosecutions and actions at law, and their 
persons and property are protected from seizure or injury. 

Duties of Diplomatic Agents.—The principal duties of 
diplomatic agents are the negotiation of treaties, the set¬ 
tlement of claims and disputes between the two govern¬ 
ments, the protection of citizens of the United States, the 
issuance of passports and the reporting to the Secretary 
of State the political events which occur in the country 
where they reside. 

Persona non Grata.— In case a diplomatic representative is 
persona non grata —that is, one personally objectionable to the 

titious and difficult of application. The distinction between ambassadors 
and ministers is based upon monarchical institutions, but was adopted 
by the United States in 1893 for the purpose of gaining for our diplo¬ 
matic representatives of the first grade the consideration which only 
ambassadors enjoy in foreign courts. 


THE EXECUTIVE DEPARTMENTS 


139 


government to which he is accredited—the minister of foreign 
affairs notifies the Secretary of State through the regular diplo¬ 
matic channels, the minister is recalled and another is appointed 
who is persona grata. In the notice to the Secretary of State it 
is customary to give the grounds of objection, but it is not neces¬ 
sary, as the mere fact that he is objectionable to the foreign gov¬ 
ernment is sufficient. 

Severance of Diplomatic Relations.—When the relations 
between the United States and another country become 
strained, and war is imminent, the representative of the 
other nation at Washington demands or is given his pass¬ 
ports, or safe conduct, and he is expected to leave this 
country at once. The United States representative to 
the other government is also given or demands his pass¬ 
ports, and leaves the country. Thus diplomatic relations 
are broken off. Whatever official intercourse occurs be 
tween the two governments after their diplomatic agents 
have been withdrawn is carried on through the ministers 
of other countries. 

Consular Service.—The Consular Service is divided into 
four grades: (1) Consuls-General; (2) Consuls; (3) Com¬ 
mercial Agents; and (4) Consular Agents. 

A member of the Consular Service is an agent of the 
United States in a foreign country, to protect its citizens 
and commercial interests. Before he can begin his services 
his commission is forwarded to the diplomatic represent¬ 
ative of the United States, who applies to the minister 
of foreign affairs of the country to which the officer is 
commissioned for permission for him to perform his con¬ 
sular duties. This permission is called an exequatur , and 
whenever it is revoked the consular officer must cease 
to act. 


140 


THE FEDERAL GOVERNMENT 


A Consul-General is sent to a country with which the 
United States has large commercial interests. He has 
supervision of the entire consular service in such country; 
and in certain countries (such as Great Britain, France, 
Germany, Italy, etc.) all consular officers send their 
reports to the Department of State through their Con- 
suls-General. 

A Consul has charge of the commercial relations be¬ 
tween the United States and a certain district, in which 
he is authorized to perform his duties. 

Consuls-General and Consuls are appointed by the 
President, with the advice and consent of the Senate. 

A Commercial Agent differs from a Consul chiefly in 
rank. He is appointed by the President alone. Such an 
officer is usually not recognized by the country to which 
he is sent ; but it is customary for the United States 
to request an exequatur to be issued to its Commercial 
Agents. 

A Consular Agent is an official appointed by the Presi¬ 
dent to act in part of a district in which the Consul is 
unable to perform his duties alone. A Consular Agent 
is under the supervision of, and reports to, the Consul of 
the district. Besides these regular grades there are vice- 
consular officers (such as Yice-Consuls-General, Vice- 
Consuls, etc.), who perform the duties of their superiors 
during the temporary absence of the latter. 

Duties of Consular Officers.—The chief duties of Con¬ 
suls are to report to the Secretary of State the conditions 
of trade between the United States and their districts and 
to make suggestions in relation to their improvement ; to 
authenticate papers ; to settle disputes between American 


THE EXECUTIVE DEPARTMENTS 


141 


sea captains and their crews ; to give aid to shipwrecked 
or indigent citizens of the United States ; and in the ab¬ 
sence of a diplomatic agent (as in colonies such as Canada 
or Australia) to issue passports. 

No Official Privileges.—Consuls possess none of the im¬ 
munities enjoyed by diplomatic officers. They are sub¬ 
ject to the laws of the country where they reside, both 
criminal and civil. There is generally an exception to 
this rule in half-civilized and non-Christian countries, 
where by treaty they are given diplomatic privileges. 

(b) Treasury Department. 

Duties.—This Department has the management and 
custody of the finances of the United States, and super¬ 
vision of the National Banking System. 

Collection of Revenues.—It collects the customs duties, 
and to prevent violations of the tariff laws has a number 
of vessels, known as “revenue cutters,” whose chief 
duty is to patrol the coasts and seize smugglers. It also 
collects the internal revenues and enforces the revenue 
laws. To prevent their violation, to apprehend counter¬ 
feiters and to protect the government funds, it employs 
a corps of agents and detectives, known as the “Secret 
Service.” 

Coinage.—The Treasury Department has charge of the 
mints and coins the money of the United States. The 
Bureau of Engraving and Printing, where the different 
forms of bills in circulation are made, is under this De¬ 
partment. 

Custody of Funds.—-It also has the custody of any other 


142 


THE FEDERAL GOVERNMENT 


government funds, and disburses money as directed by 
the laws passed by Congress. 

Other Branches. — The Life-saving Service and the 
supervision of the construction of national buildings are 
under the control of this Department. The clerical force 
of the Treasury, which is the largest of any Depart¬ 
ment, belongs in a great measure to the classified civil 
service. 

Duties of Secretary of the Treasury.—The Secretary of 
the Treasury has the special duties of making regulations 
for the enforcement of the customs, internal revenue and 
immigration laws, of making an annual report to Con¬ 
gress with an estimate of receipts and expenditures for 
the following year, and of publishing every three months 
a statement of the receipts and expenditures for the past 
quarter. 

National Banks.—A bank is an association for the de¬ 
posit and loan of money, and to facilitate its transference 
by drafts and bills of exchange. A national bank is 
one incorporated under the federal laws. National banks 
are under the supervision of a bureau of the Treasury 
Department, at the head of which is the Comptroller of 
the Currency. 

Organization. —A national hank may he organized by not less 
than five persons with a minimum capital ranging from $25,000 
to $200,000, which is determined by the number of inhabitants in 
the place where it is organized. After organization a bank can¬ 
not act until the Comptroller has issued to it a certificate, which 
must be renewed every twenty years. 

Deposit of Bonds ; Bank Notes.— A bank, before issuing 
notes, must deposit with the Treasury United States bonds equal 
to one fourth of its capital unless that exceeds $150,000, in which 


THE EXECUTIVE DEPARTMENTS 


143 


case the deposit of bonds must be $50,000. Upon this deposit the 
Treasury issues to the bank, at its request, National Bank Notes 
for circulation to any amount less than ninety per cent, of the 
bonds deposited. On its note-issue a bank pays an annual tax of 
one per cent. 

Prohibitions. —A National Bank is prohibited from making’ 
loans upon real estate, from accepting its own stock as security, 
from loaning to one person an amount exceeding one tenth of 
its capital and from impairing its capital without replacing the 
amount within three months after receiving notice from the 
Comptroller. 

Government Supervision. —Five reports a year must be made 
to the Comptroller at such times as he designates; and an exam¬ 
iner, appointed by him, visits a bank from time to time and reports 
the state of its affairs. By these means the Comptroller is kept 
constantly informed of the condition of each bank in the country. 
When a bank fails, its affairs are placed in the hands of a re¬ 
ceiver, appointed by the Comptroller, who converts its assets into 
money and deposits them in the Treasury, out of which the 
Comptroller may from time to time declare dividends to the 
bank’s creditors. 

Liability of Stockholders.— In case the assets of a bank are 
not sufficient to pay its debts, each stockholder may be assessed 
by the Comptroller to an amount not exceeding the face value of 
the stock which he holds. 

Advantage of System. —The great advantages of the National 
Bank System are the uniformity of banking throughout the coun¬ 
try and the security to depositors by reason of government super¬ 
vision and the Comptroller’s management of the affairs of a bank 
which has failed. 

Legal Tender. —Before leaving the financial branch of 
the government a brief statement should be made con¬ 
cerning “ legal tender ” in the United States. Legal 
tender is the money or currency which by law a person 
can require a creditor to accept in settlement of a debt. 
In the United States gold coins are legal tender to any 


144 


THE FEDERAL GOVERNMENT 


amount ; silver dollars and Treasury notes of the Act of 
1890 are full legal tender unless limited by contract ; 
greenbacks (United States notes), except as interest on 
the national debt; national bank notes in payments to 
any national bank or for customs duties and debts of the 
Government except for interest on national bonds; silver 
coins of a lower denomination than a dollar are full legal 
tender to the amount of ten dollars ; and nickel and cop¬ 
per coins, to the amount of twenty-five cents. 


Coins.— Any person can send to one of the mints any amount 
of gold bullion, and, upon the payment of the cost of minting, 
called ‘ ‘ seigniorage, ” have it coined into money. This privilege, 
being unlimited, is called “free coinage.” The Treasury pur¬ 
chases the silver, nickel and copper which are made into coins, 
but only such amounts can be bought and coined as Congress 
authorizes. There is no free coinage of these metals. 

Circulating Notes.— A Treasury Note, issued under the Act 
of 1890, is one secured by silver dollars stored in the Treasury. 
A Greenback, or United States Note, is merely a promise to pay 
the amount to the bearer. A National Bank Note is a promise 
by the bank which issues it to pay the bearer the amount of it, 
and is secured, as has been said, by a deposit of government 
bonds. All varieties of circulating notes are engraved by the 
Treasury and are redeemed or canceled by that Department. 


(c) The War Department 

Duties. —This Department has charge of the construc¬ 
tion and maintenance of the military stations and of the 
organization and maintenance of the military forces of 
the United States. The Department has also the direc¬ 
tion of the Military Academy at West Point, 1ST. Y. 
Prior to the establishment of the Department of the 


THE EXECUTIVE DEPARTMENTS 


145 


Interior, Indian Affairs were for a time conducted by the 
War Department. 

(d) The Department of Justice . 

Duties.—This Department has the general supervision 
of actions and proceedings brought by or against the 
United States in the federal courts, and also has the con¬ 
trol of the District Attorneys and Marshals of the United 
States. 

Duties of Attorney-General.—The Attorney-General is 
required to give a legal opinion upon any question sub¬ 
mitted to him by the President or by the Heads of the 
Departments, and to argue suits in the Supreme Court and 
Court of Claims in which the United States is interested. 
He is required to examine and approve the title to land 
before it can be purchased by the United States ; and he 
also examines and makes recommendations concerning 
applications for pardons and reprieves before they are 
acted upon by the President. 

(e) The Navy Department . 

Duties.—This Department is charged with the con¬ 
struction, equipment and maintenance of the navy and 
naval stations, and with the organization and mainte¬ 
nance of the naval forces of the United States. The 
Naval Academy at Annapolis, Md., is under this Depart¬ 
ment. 

(f) The Post-Office Department 

Duties.—This Department controls the foreign and 
domestic postal service of the United States. Its em- 
10 


146 


THE FEDERAL GOVERNMENT 


ployees, excepting postmasters, are generally subject to 
the civil service laws. 

Powers of Postmaster-General_The Postmaster-Gen¬ 

eral is empowered by law to institute and discontinue 
post-offices, and, with the consent of the President, and 
without the consent of the Senate, to negotiate postal 
treaties with foreign nations. 

(</) The Department of the Interior. 

Duties. — This Department has charge of the public 
lands, including mines, the care of Indian tribes in the 
United States, of education, and of the railroads in which 
the United States has an interest. 

Patents; Pensions.—The issuing of patents belongs to 
this Department, as does the granting of pensions. A 
pension is a stated allowance granted to soldiers and sailors 
disabled by wounds incurred or disease contracted in the 
service of their country, and also, under certain conditions, 
to their widows and children. 

( Ji ) The Department of Agriculture. 

Duties. —This Department is devoted to the securing, 
preservation and publication of information relative to all 
branches of agriculture, the collection and distribution of 
seeds among agriculturists, the inspection of cattle and 
meats exported, and the prevention of diseases among 
live stock. 

Weather Bureau. — This Department has charge of the 
Weather Bureau, which issues daily weather maps and 
forecasts for the succeeding twenty-four hours. The work 
of the Weather Bureau is particularly valuable along the 


THE EXECUTIVE DEPARTMENTS 


147 


coasts and on the Great Lakes in giving timely warning 
of approaching storms, and also in making a study of the 
climate of the United States. 

CO The Department of Commerce and Labor. 

Duties-It is the duty of this Department to promote 

trade, transportation and fisheries, and the laboring and 
manufacturing interests of the country. To this end, it 
has charge of lighthouses, the coast survey, immigration 
and foreign commerce. It also embraces the Fish and 
Labor Commissions and takes the national census every 
ten years. 

Bureaus. — The Bureau of Manufacturing is charged 
with the development of manufacturing industries and 
markets for the same at home and abroad. The Bureau 
of Corporations is empowered to investigate the manage¬ 
ment of corporations doing business in two or more States 
and report the same to the President for the purpose of 
recommending legislation. 

CO Commissions , Bureaus , Etc. 

Besides these Departments, there belong to the Execu¬ 
tive Branch of the government the Civil Service Commis¬ 
sion, already spoken of; the Interstate Commerce Com¬ 
mission , which has supervision of railroads which pass 
from one State into another; the Grovernment Printing 
Office , which publishes the “ Congressional Record,” presi¬ 
dential messages, reports and all other official documents; 
the Librarian of Congress , who is in charge of the Library 
of Congress and of the issuance of Copyrights; and other 
bureaus in charge of the national museums and scientific 
collections. 


148 


THE FEDERAL GOVERNMENT 


4. DUTIES OF THE EXECUTIVE. 

Implied Duties of President. —The duties of the Presi¬ 
dent are chiefly those implied in the powers vested in 
him, and for the proper exercise of which he is respon¬ 
sible. 

Annual and Other Messages. —There are certain of his 
duties, however, which are specified in the Constitution. 
It is provided that: 

He shall from time to time give to the Congress information of 
the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; . . . 

(Art. II., Sec. 3.) 

Custom has established that at the opening of each 
session of Congress the President shall send to the two 
houses an Annual Message containing a review of the 
foreign and domestic affairs of the United States during 
the preceding year, and outlining what he deems the best 
policy as to existing conditions. The President may also 
submit a special message to Congress at any time when 
a question of importance arises which demands legislative 
action, with or without expressing his opinion as to the 
course to be pursued. 

Mode of Delivering Messages. —Presidents Washington 
and Adams delivered their annual communications orally, 
but President Jefferson inaugurated the custom, since fol¬ 
lowed, of sending them in writing, to be read before the 
two houses.* 

* Presidents Washington and Adams, at the opening of each regular 
session of Congress, complied with the constitutional requirement by 


DUTIES OF THE EXECUTIVE 


149 


Reception of Foreign Representatives.—The President is 
also directed by the Constitution to “ receive ambassa¬ 
dors and other public ministers ” (Id.). A diplomatic 
representative delivers his credentials to the Secretary of 
State, and, if they are satisfactory, he is officially pre¬ 
sented by the latter officer to the President and becomes 
the recognized agent of his government. In case two 
governments exist in the same country, it rests with the 
President to determine which of their agents represents 
the sovereignty. 

Sole Responsibility of President.—The President “ shall 
take care that the laws be faithfully executed” (Id.). 
This provision emphasizes his sole responsibility for the 
proper administration of national affairs, and prevents 
any question being raised as to the division of such re¬ 
sponsibility. 

personally delivering an “Annual Address,” or “Speech,” to the two 
houses of Congress, which met jointly for that purpose; and to this 
address each house replied through its presiding officer. All other 
communications of the Executive were by “ Special Message,” a copy of 
which was sent by messenger to each house. President Jefferson, at 
the opening of the first session after his inauguration, sent a memo¬ 
randum to Congress stating that he deemed it advisable not to make 
the annual communication “by personal address,” but to adopt the 
method “ by message ” which had been employed by his predecessors 
on all special occasions. 


150 


THE FEDERAL GOVERNMENT 


THE EXECUTIVE BRANCH. 
THE PRESIDENT. 


Powers. 


Military. 


f Army. 
Command of Navy. 

[ Militia. 

Conduct of military operations. 
Begin hostilities. 

Institute a blockade. 


Civil. 
f Veto. 


Ambassadors. 

Public Ministers. 

Consuls. 

Judges. 

Other officers of the United States. 

.. ~ . \ Classified. 

Civil Service S TT . . c 

( Unclassified. 

Pardon. 

Amnesty. 

Reprieve. 

Commutation of sentence. 

Conduct foreign relations ) Convene Congress for these 
Administer internal affairs ) purposes. 


Appoint 


Pardon 


Duties. 

' Give information } , ~ , S Annual } 

-pv , \ to Congress by 1 0 , > Message. 

Recommend measures> & J (Special ) ^ 

Receive foreign representatives. 

> Execute the laws. 







THE EXECUTIVE DEPARTMENTS 


151 


Secretary of 
State 


Amend- 


THE EXECUTIVE DEPARTMENTS. 
Department of State. 

Custody of the Great Seal. 

Promulgate laws. 

Give notice of ) Constitutional 
Promulgate j ments. 

( Proclamations. 
Presidential Communica- 
Passports. [tions. 

Ambassadors. 

Ministers Plenipotentiary. 
Ministers Resident. 
Charges d’Affaires, 
f Consuls-General. 

! Consuls. 

Commercial Agents. 
Consular Agents. 
Negotiations with foreign diplomatic agents. 

Treasury Department. 

Regula- 

Make 


Correspondence 
with and 
direction of 


Issue 


Diplomatic 

service 


Consular 


service 


Secretary of the 
Treasury 


Collection of 


Coinage 


tions 


f Customs, [nue. 
■< Internal reve- 


Coins 


(Immigration. 
Annual estimate. 

Publish quarterly statement. 

Customs duties. 

Internal revenue. 

Gold. 

Silver. 

Nickel. 

Copper. 

™ . ( Treasury notes. 

Circulating n g (Greenbackg) 

notes ^ National bank notes> 

Supervision of national banks. 

Custody and 1 All government funds. 

Disbursement ot ) 


Direction of 


Life-saving service. 
Construction of National 
Buildings, etc. 









152 


THE FEDERAL GOVERNMENT 


War Department. 

” Secretary of War: 

Construction and | 
< Maintenance j 

Organization and ) 
Maintenance ) 


of military stations 
of land forces. 


The Attorney- 
General 


Control of 


Advise 

Argue U. S. 

suits 


Department of Justice. 

( President. 

( Heads of departments. 

( Supreme Court. 

( Court of Claims. 

Examine and ) Titles to lands purchased 
'Approve j by the United States. 

Examine and ) , , 

t> , >• as to pardons. 

Recommend \ 1 

Supervision of legal actions when United States a party. 

(District Attorneys. 

| Marshals. 


Navy Department. 

Secretary of the Navy: 
Construction, ) 

Equipment and v 

Maintenance ) 

Organization and ) - , - 

>-ot naval forces. 
Maintenance ) 


of (Navy. 

( Naval stations. 


Post-Office Department. 

( Institute and 


Postmaster- 

General 


-< Discontinue j 
( Negotiate postal 
Control of postal ( Foreign. 


service. 


i Domestic. 


Post-offices. 

treaties. 


Department of the Interior. 

Secretary of the Interior: 

f Public lands. 


Care of 


J Indians, 
j Education. 
Railroads. 


Issuance of patents. 
v Granting of pensions. 







THE EXECUTIVE DEPARTMENTS 


153 


Department of Agriculture. 

Secretary of Agriculture: 

Preservation and ) » . » 

Publication \ 0f a '= ric,,ltural ‘“formats- 

Collection, S 

■{ Testing and >• of seeds. 

Distribution ) 

Inspection of exported -j 

Prevention of diseases among live stock. 

Weather Bureau. 


Department of Commerce and Labor. 

Secretary of Commerce and Labor: 

Trade. 

Transportation. 
Promote Fisheries. 

Labor and 
Manufacture. 


Charge of 


I Lighthouses. 

-j Coast survey. 

( Foreign commerce. 
Enforcement of immigration laws. 

Taking and J 0 f national census. 

Publication ) 

Bureau of manufacturing. 

Bureau of corporations. 

Civil Service Commission. 

Interstate Commerce Commission. 


Commissioner of Labor. 

Fish Commission. 

Government Printing Office. 

... . , ~ (Charge of Congressional Library. 

Librarian of Congress | j ssuance 0 f copyrights. 


Bureaus in charge of 


( National Museum. 

1 Scientific collections, etc. 






CHAPTER IY. 


THE JUDICIAL BRANCH. 

/. THE FEDERAL JUDICIARY. 

The Judicial Power. —The judicial power of the United 
States, shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and establish. 
(Art. III., Sec. 1.) 

The system of courts thus established is generally recog¬ 
nized as chiefly instrumental in giving stability and per¬ 
manence to the national government. 

Judiciary of the Confederacy.—Under the Articles of 
Confederation there was practically no national judiciary. 
The .Congress was the arbiter in boundary disputes be¬ 
tween States and was empowered to establish prize 
courts ; but the interpretation and application of the 
laws of the Confederacy rested with the state courts, 
from whose decisions there was no appeal. As a result, 
these interpretations were affected by local prejudice or 
interest. 

Necessity of a National Judiciary.—The need of a na¬ 
tional judiciary for the application of the national laws 
in the same way to every citizen of every State, as well 
as for a check upon the acts of the state governments 
and the legislative branch of the federal government, 
was' early recognized by the Convention of 1787. The 


THE FEDERAL JUDICIARY 


155 


check upon the national legislature could not be exercised 
by the state courts, for there would be no uniformity in 
their decisions. But if there was no such check, it was 
evident that the constitutional limitations upon legisla¬ 
tion would be ineffective, as Congress, in conjunction 
with the President, would, like the British Parliament, 
be practically supreme. 

Independence of Judiciary.—It was evident also that 
the tribunal possessed of such powers should be indepen¬ 
dent of the other branches of the government, both for its 
maintenance and tenure of office, so that it might act 
with that freedom and fearlessness which were essential 
to the proper performance of its duties. Therefore the 
Constitution provides that: 

The judges, both of the supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated times, receive 
for their services, a compensation, which shall not be diminished 
during their continuance in office. (Art. III., Sec. 1.) 

Establishment of the Judiciary.—There was thus estab¬ 
lished a judiciary, national and independent, with power 
in Congress to provide for inferior courts, from which 
appeals could be taken to the higher tribunal. The pro¬ 
visions for the judiciary were determined upon in the 
early sessions of the Convention, and though the greater 
part of the Constitution underwent numerous modifica¬ 
tions, these remained practically unchanged. 

The Impeaching Power.—In one particular, however, 
the national tribunal was deprived of a judicial power 
originally given to it. That was to try impeachments, 
for it was apparent that if no check were placed upon the 


156 


THE FEDERAL GOVERNMENT 


judges they might become the supreme power in the gov¬ 
ernment by annulling the laws of Congress and remov¬ 
ing the executive officers by impeachment. To prevent 
such a possibility, the Convention lodged the impeaching 
power in the legislative branch and made the judicial 
officers themselves subject to removal from office upon 
impeachment. 

The completed Constitution thus established three divi¬ 
sions of the judicial power: first, that given to the Sen¬ 
ate, a Court of Impeachment ; second, the Supreme Court 
of the United States ; and third, such inferior courts as 
Congress might create. 

1. The Court of Impeachment. 

Definition.— Impeachment , under the Constitution, is a 
charge made in writing by the House of Representatives 
to the Senate against a civil officer of the United States. 
The charge or charges are termed Articles of Impeach¬ 
ment. 

Constitutional Provisions.—The provisions in the Con¬ 
stitution relating to impeachment are as follows: 

The House of Representatives . . . shall have the sole 

power of impeachment. (Art. I., Sec. 2, Cl. 5.) The Senate shall 
have the sole power to try all impeachments. When sitting for 
that purpose, they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief Justice shall 
preside; and no person shall be convicted without the concurrence 
of two thirds of the members present. (Art. I., Sec. 3, Cl. 6.) 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust or profit under the United States; 
but the party convicted shall, nevertheless, be liable and subject 


THE FEDERAL JUDICIARY 157 

to indictment, trial, judgment and punishment, according to law. 
(Art. I., Sec. 3, Cl. 7.) 

The President, Vice President and all civil officers of the United 
States shall be removed from office on impeachment for, and con¬ 
viction of, treason, bribery, or other high crimes and misdemean¬ 
ors. (Art. II., Sec. 4.) 

The words “ civil officers ” in the last provision include 
all the judicial and executive officers of the government 
excepting those of the army and navy, but it has been 
held that members of the legislative branch are not of 
this class. 

Origin.—Since the time of Edward III. the English 
House of Commons has exercised the right to summon 
any English subject before the House of Lords for trial. 
Upon this power there was no limitation as to person or 
punishment, and its abuses prior to the American Revo¬ 
lution induced the Constitutional Convention to limit the 
jurisdiction and judgment of the Court of Impeachment. 

Procedure.—The method of impeachment in the United 
States is as follows: When a civil officer is charged with 
having committed an impeachable act, the House of Rep¬ 
resentatives appoints a committee to investigate the 
charges. If the report of the committee is against the 
accused and is sustained by a majority of the House, 
usually seven Representatives, called “ Managers,’’ are 
elected to impeach the officer before the bar of the Sen¬ 
ate and to conduct the trial. 

Trial.—The accused is then summoned to appear before 
the Senate, which resolves itself into a Court of Impeach¬ 
ment. If the officer does not appear, the Senate takes 
the proof without him; but if he appears and denies the 


158 


THE FEDERAL GOVERNMENT 


accusation, a time is fixed for the trial, when it proceeds 
in much the same way as in an ordinary criminal trial in 
the federal courts. When deciding a question raised dur¬ 
ing the trial or when considering the verdict, the Senate 
does so in secret session, after which its decisions are 
publicly announced. 

Conviction.—ISTo officer can he convicted in case of im¬ 
peachment unless two-thirds of the Senators present con¬ 
cur, but it would seem that questions raised during the 
trial can be determined by the majority. In the trial of 
a person for treason the Constitution provides that: 

No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open 
court. (Art. III., Sec. 8, Cl. 1.) 

Trial of President.—In case the President is impeached, 
it is manifest that the Yice-President is interested in the 
trial, for, if the accused is convicted and deprived of his 
office, the Vice-President would succeed him. In view 
of this fact, the provision was inserted in the Constitu¬ 
tion that in such case the Chief Justice shall preside at 
the trial. 

Grounds for Impeachment.—The grounds for impeach¬ 
ment are stated in the Constitution to be “ treason, 
bribery, or other high crimes and misdemeanors. ’ ’ Treason 
against the United States is defined by the Constitution 
to “ consist only in levying war against them, or in ad¬ 
hering to their enemies, giving them aid and comfort ” 
(Art. III., Sec. 3, Cl. 1). Bribery is the giving, tender¬ 
ing or receiving of any gift as a reward for performing 
a legal duty. High crimes and misdemeanors cover all 


THE FEDERAL JUDICIARY 


159 


classes of crimes, but whether a crime committed by an 
officer not in his official capacity is an impeachable 
offense is a question as yet undecided. 

2. The Supreme Court. 

Composition.—This tribunal is composed of judges ap¬ 
pointed by the President with the consent of the Senate. 
There is no provision as to number, although from Arti¬ 
cle II., Section 2, Clause 2, it would appear that the 
framers of the Constitution contemplated more than one 
judge, and a Chief Justice is mentioned in Article I., 
Section 3, Clause 6 ; nor is it provided where or when 
the court shall hold its sessions. These details have been 
supplied by laws enacted by Congress. By the Judicial 
Act of 1789 the number of Justices was made six, which 
has since been increased to nine. 

Sessions.—The Court sits at Washington, and holds one 
session annually, commencing on the second Monday in 
October. 


3. Inferior Courts. 

Divisions.—In accordance with the provisions of the 
Constitution (Art. III., Sec. 1), Inferior Courts have been 
established by acts of Congress. They will be considered 
in the following order: (a) District Courts ; (b) Circuit 
Courts ; (< c ) Circuit Courts of Appeal ; and (d) the Court 
of Claims. The judges are appointed in the same way 
and for the same term as the Justices of the Supreme 
Court, and their compensation is guaranteed by the same 
constitutional provision. 


160 


THE FEDERAL GOVERNMENT 


(a) District Courts. 

Districts and Judges.—Congress has set apart each State 
as a judicial district, except in case of the more populous 
States, which are divided into two or more districts. At 
present (1911) there are ninety-two judicial districts. 
There is a resident Judge in each district ; and the court 
is held by a District Judge. 

(b) Circuit Courts. 

Circuits and Judges.—The United States is also divided 
into nine judicial circuits. To each Circuit the Supreme 
Court allots one of its#Justices, who must attend at least 
one term of such Court in every two years. For each 
circuit there are also appointed two or more Circuit 
Judges. Prior to the establishment of the Circuit Courts 
of Appeal, there was but one Judge appointed for each 
Circuit. 

Terms.—A Circuit Court sits twice a year in each dis¬ 
trict within the circuit. It may be held by the Justice 
of the Supreme Court, a Circuit Judge, or a District Judge 
sitting alone, or by the Justice and a Circuit Judge to¬ 
gether, or by either of them sitting with the District 
Judge. 

(c) Circuit Courts of Appeal. 

Number and Purpose.—They are nine in number and 
were created for the purpose of relieving the Supreme 
Court of certain classes of appeals. 

Composition. —A Circuit Court of Appeal consists of 
three J udges, two of whom form a quorum. It is held 
by the Justice of the Supreme Court allotted to that cir- 


THE FEDERAL JUDICIARY 


161 


cuit and two Circuit Judges, but a District Judge is also 
competent to act. ]Yo judge, however, can hear a case 
in the Circuit Court of Appeal at the trial of which he 
presided in the District or Circuit Court. 

(d) The Court of Claims. 

Composition and Session.—This Court consists of five 
Judges, appointed in the same manner as other judicial 
officers, one of whom is Chief Justice of the Court. It 
sits in Washington and holds one session annually. 

4. Court Officers. 

United States Commissioners.— United States Commis¬ 
sioners are appointed in each circuit by the Circuit Courts, 
to assist the District and Circuit Judges. Their chief 
duties are to administer oaths, to examine and commit 
offenders against the federal laws, and to examine wit¬ 
nesses in certain cases. 

District Attorneys.—A District Attorney is appointed 
by the President for each judicial district to conduct 
criminal cases and civil actions, to which the United 
States is a party, in the inferior courts except the Court 
of Claims. 

Clerks.—A Clerk is appointed by the various courts, 
who has charge of the archives, the seal and the moneys 
paid into court. 

Marshals.—A Marshal is appointed by the President in 
each district, who executes the commands of the court, 
makes arrests for the violation of the federal laws and 
is given power to appoint deputies to aid him in the per¬ 
formance of his duties. 

11 


162 


THE FEDERAL GOVERNMENT 


2. THE JURISDICTION OF THE FEDERAL COURTS. 

Jurisdiction is the authority to administer justice under the 
laws. It may be limited as to the matter in controversy, or the 
persons involved. It is also either original or appellate. 

Original Jurisdiction is the authority of a court to try a cause 
which has not been submitted to any other court, to receive evi¬ 
dence of the facts, to apply the laws and to render judgment. 

Appellate Jurisdiction is the authority of a court to review a 
cause, tried and determined in another court, without taking fur¬ 
ther evidence, and to reverse, modify or approve the judgment 
rendered. 

Concurrent Jurisdiction is that which a court possesses in 
common with another court or courts. 

The Common Law consists of those rules of justice, not enacted 
by the legislative power, which courts in England and the 
United States have declared to be the right principles for the 
regulation of society. 

As the rules of the Common Law became definite and fixed, 
another branch of jurisprudence was introduced, termed Equity , 
which arose from the same source, natural justice, and was in¬ 
tended to supplement or correct the settled rules of the Com¬ 
mon Law, when their application would work hardship or in¬ 
justice. 

The Common Law and Equity are termed the Unwritten Law. 
Statute Laic comprises those laws which have been enacted by 
the legislative power. These are called the Written Law, and 
supersede the Common Law and Equity whenever their rules 
conflict. 

This system of jurisprudence, introduced in America with the 
earliest English settlements, was the only one with which the 
Colonists were familiar at the time of the Revolution. It was, 
therefore, recognized as a proper basis for judicial proceedings, 
and is to-day the system employed in the federal courts and in all 
the States except Louisiana, which derives its jurisprudence from 
France, and except in relation to certain questions of land titles 
arising in the States and Territories included in the lands ceded 
to the United States by Mexico. 

Admiralty Law is that which relates to maritime cases, both 


JURISDICTION OF THE FEDERAL COURTS 1 C/d 


civil and criminal, and in the United States pertains to the high 
seas, the great lakes and navigable rivers. 

A criminal action is a prosecution in a court of law begun by 
the Government against an individual, which has for its object 
the punishment of a crime. 

A civil action is one begun by the Government or a person 
against another person, to collect debts, enforce contracts, deter¬ 
mine rights or recover damages for injuries. 

A person, in a legal sense, includes a single individual, a partner¬ 
ship, association or corporation. 

1. Constitutional Limitations. 

As to Subject.—As to the subject in controversy, the 
jurisdiction of the federal courts is limited by the Con¬ 
stitution 

to all cases, in law and equity, arising under this Constitution, 
the laws of the United States, and treaties made, or which shall 
be made, under their authority ; . . . [and] to all cases of 

admiralty and maritime jurisdiction; . . . (Art. III., Sec. 2, 
Cl. 1.) 

As to Parties.—As to parties, the federal jurisdiction is 
limited by the Constitution 

to all cases affecting ambassadors* other public ministers, and 
consuls ; . . .to controversies to which the United States shall 
be a party; to controversies between two or more States; between a 
State and the citizens of another State ; between citizens of differ¬ 
ent States; between citizens of the same State claiming lands un¬ 
der grants of different States, and between a State, or the citizens 
thereof, and foreign states, citizens or subjects. (Id.) 

The above provisions were modified in 1798 by Amend¬ 
ment XL, which provides: 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prose- 


1G4 


THE FEDERAL GOVERNMENT 


cuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign State. 

As to Penalties.—In criminal cases the Constitution 
provides that excessive fines shall not be imposed nor 
cruel and unusual punishments be inflicted (Amendment 
VIII.; see page 185). In convictions for treason the pun¬ 
ishment is limited by the provision that 

no attainder of treason shall work corruption of blood, or for¬ 
feiture except during the life of the person attainted. (Art. III., 
Sec. 3, Cl. 2.) 

Congress, under the power granted to it by this last 
section, has fixed the punishment as death, or, at the dis¬ 
cretion of the court, imprisonment for not less than five 
years, a fine of not less than ten thousand dollars, and 
incapacity to hold any office under the United States. 

2. Original and Appellate Jurisdiction of the 
Supreme Court. 

Original.—The original jurisdiction of the Supreme 
Court is confined to two classes of cases, for the Consti¬ 
tution provides: 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. (Art. III., Sec. 2, Cl. 2.) 

Appellate.—The appellate jurisdiction of the Court is 
much more extensive, but is subject to congressional 
regulations, which pertain chiefly to limiting the classes 
of cases which can be appealed. The provision of the 
Constitution is : 


JURISDICTION OF THE FEDERAL COURTS 165 


In all the other cases before mentioned the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regulations as the Congress 
shall make. {Id.) 

3. Jurisdiction of the Inferior Courts. 

Power of Congress.—As these tribunals are created by 
Congress, it follows that their jurisdiction must be estab¬ 
lished by legislative acts, but it cannot exceed the con¬ 
stitutional limitations. 

Congress can, therefore, change or modify the jurisdic¬ 
tion of the different courts at any time, and this has been 
done in certain instances. 

(a) Courts of Original Jurisdiction. 

The Courts.—The courts of original jurisdiction, only, 
are the District Courts, the Circuit Courts and the Court 
of Claims. 

District and Circuit Courts.—The District and Circuit 
Courts have concurrent jurisdiction of some civil actions 
and certain criminal cases, but all of the latter in which 
the sentence of death may be imposed must be brought 
in a Circuit Court. Admiralty cases and, generally, bank¬ 
ruptcy matters, must come before the District Courts, 
while cases arising under the revenue, patent and copy¬ 
right laws must be brought in the Circuit Courts. 

Juries. —The trial of all crimes, except in cases of impeach¬ 
ment, shall he by jury ; and such trial shall be held in the State 
where the said crimes shall have been committed; but when not 
committed within any State, the trial shall be at such place or 
places as the Congress may by law have directed. (Art. III., 
Sec. 2, Cl. 3.) (See Amendments VI. and VII., pages 185 and 
187.) 


166 


THE FEDERAL GOVERNMENT 


Court of Claims.—The Court of Claims lias sole and 
original jurisdiction of claims against the United States 
Government generally, and in all cases which involve 
less than three thousand dollars its decisions are final. 

(J>) Courts of Appellate Jurisdiction . 

Circuit Courts of Appeal.—Except in certain cases, in 
which Congress has provided for appeals directly to the 
Supreme Court, a party dissatisfied with the decision of 
a District or Circuit Court may appeal to a Circuit Court 
of Appeal; and in some cases, such as those relating to 
the revenue, patent or copyright laws, or those involving 
less than five thousand dollars the decision of the Cir¬ 
cuit Court of Appeal is final. 

Supreme Court.—Except when the decision of a Cir¬ 
cuit Court of Appeal is final, a party may appeal from its 
decision to the Supreme Court ; and in cases involving 
such questions as the interpretation of the Constitution or 
a treaty, the conviction for a crime punishable with death 
or the jurisdiction of a court, a party can appeal directly 
to the Supreme Court without first having the case re¬ 
viewed by a Circuit Court of Appeal. It has also been 
provided by Congress that when a case before the courts 
of a State involves questions relating to the federal Con¬ 
stitution, laws or treaties, a party can appeal from the 
highest state court to the Supreme Court. 


THE JUDICIAL BRANCH 


167 


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THE PEOPLE 


168 


THE FEDERAL GOVERNMENT 


SOURCE OF AUTHORITY IN THE FEDERAL 
GOVERNMENT. 



















OFFICIAL TERMS AND SALARIES 


legislative— 

Senators. 

Representatives. 

Territorial Delegates 
Speaker of the House 

EXECUTIVE— 

( Civil) 

President.. 

Vice-President.. 

Cabinet Officers. 


Solicitor-General. 

Assistant Secretaries. 

Ambassadors. 

Ministers Plenipotentiary. 

Ministers Resident. 

Consuls-General. 

Consuls. 

Civil Service Commissioners. 

Interstate Commerce Commissioners 

District A t >rneys. 

Marshal. 

(Army) 

Lieutenant-General. 

Major-Generals. 

Brigadier-Generals. 

Colonels. 

(Navy) 

Admirals. 

Rear-Admirals. 

Captains. 

JUDICIAL— 

Chief Justice of the United States.. 

Justices of Supreme Court. 

Circuit Judges. 

District Judges. 

Judges of Court, of Claims. 


Source of 
Authority 

Elected by State 
Legislatures 
Elected by People 

<< u 

Chosen by House 


Elected by Electors 

U u 

Appointed by Presi¬ 
dent and confirmed 
by Senate 

ll 

44 

44 

44 

44 

44 

44 

44 

44 

44 

44 

44 

14 

44 

44 

44 

44 

44 

44 

44 

44 

44 

44 


Term of 


Office 

Salary 

6 years 

$7,500 

2 years 

44 

44 

44 

44 

12,000 

4 years 

75,000 

44 

12,000 

Will of the 

12,000 

President 


44 

7,500 

44 

4,500-5,000 

44 

17,500 

44 

10,000-12,000 

44 

5,000-10,000 

44 

3,000-12,000 

44 

2,000-8,000 

44 

4,000-4,500 

44 

10,000 

44 

Fees t 

44 

“ + 

Life 

11,000 

44 

8,000 

44 

6,000 

44 

4,000 

44 

13,500 

44 

6,000-8,000 

44 

4,000 

44 

13,000 

44 

12,500 

44 

7,000 

44 

6,000 

44 

6,000-6,500 


t Besides the fees allowed, these officers are usually paid $200 annually. 

The Salary of the Secretary of State.— The selection of Philander B. Knox, 
then a Senator from Pennsylvania, for Secretary of State in President Taft’s Cabinet caused 
a temporary reduction in the amount of the salary of that official. The Act increasing the 
salary of a cabinet officer from $8,000 to $12,000 was passed during the term for which Mr. 
Knox was elected Senator. This fact made him ineligible under Article I, Sec. 6 of the Con¬ 
stitution. To avoid this Congress reduced the salary of the Secretary of State to $8,000. This 
amount was again raised to $12,000 when the term for which Mr. Knox was elected Senator 
expired, on March 4, 1911. 


































CHAPTER Y. 


THE STATES AND TERRITORIES. 

National Protection. —The United States shall guarantee to 
every State in this Union a republican form of government, and 
shall protect each of them against invasion; and on application of 
the legislature, or of the executive (when the legislature cannot 
be convened) against domestic violence. (Art. IV., Sec. 4.) 

Thus is established permanency to republican institu¬ 
tions, not only in the nation as a whole, but in the vari¬ 
ous States. All the provisions of this section are designed 
to suppress any effort within or without a State to over¬ 
throw its republican government and establish another 
form in its stead. Even if a State itself should desire a 
change in its system of government, it would be the duty 
of the nation to resist such change with all its power, even 
by force of arms. 

Illustrations.— A delicate question as to the power of 
the national government in this capacity arose at the 
close of the Civil War in the case of the seceding States. 
There was one opinion that by the act of secession these 
States had lost all their sovereign rights and were a por¬ 
tion of the territory of the nation. Another opinion was 
that they still possessed these rights. As a result they 
were held under military control until it was assured that 
the state governments were still republican in form and 
strong enough to maintain themselves. 


THE STATES AND TERRITORIES 


171 


The national government is also the natural protector 
of the States in the case of foreign invasion or domestic 
troubles. In the latter instance its power has frequently 
been exercised, particularly in the case of the Dorr Re¬ 
bellion (1842), and later during the great railroad strike 
of 1877, when the state authorities were unable to enforce 
the laws, preserve order or protect property. 

Form of State Governments.—As a result of this pro¬ 
vision there are, besides the national government, as 
many governments, independent so far as their local 
affairs are concerned, as there are States. Each of these is 
a republic with an executive, called a “ Governor,” who 
resembles the President in his powers and duties, a judi¬ 
cial branch, and a legislative branch consisting of two 
houses similar in organization to the Senate and House 
of Representatives, but with more varied powers than 
those of Congress. 

“ State Rights.”—The relation of a State to the Union 
was for many years one of the most important questions 
which confronted our statesmen. One class maintained 
that the States could withdraw from the Union at any 
time they desired. The contrary opinion was that, hav¬ 
ing surrendered to the federal government certain sov¬ 
ereign rights, they could not reassume them at their 
own will. For years this discussion engaged the ablest 
minds of the country, and at times nearly led to open 
conflict. The act of the State of South Carolina in resist¬ 
ing the collection of duties during the administration of 
President Jackson was such an instance. At length this 
difference of opinion came to be marked sectionally, civil 
war followed, and the question of secession was settled 


172 


THE FEDERAL GOVERNMENT 


forever. The principle determined by the war is stated 
by Chief Justice Waite as follows: 

All the rights of the States as independent nations were surren¬ 
dered to the United States. The States are not nations, either as 
between themselves or towards foreign nations. They are sov¬ 
ereign within their spheres, but their sovereignty stops short of 
nationality. 

State Comity.—For the sake of uniformity and the pro¬ 
motion of justice between the several States, it was pro¬ 
vided that: 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And * 
the Congress may by general laws prescribe the manner in which 
such acts, records and proceedings shall be proved, and the effect 
thereof. (Art. IV., Sec. 1.) 

This provision does not extend the power of a State 
beyond its borders, but is intended to make valid in all 
parts of the Union the acts of a State in the exercise of 
its lawful powers. Thus, judgments of the courts of one 
State cannot be questioned in any other, and records of 
the title of property are conclusive in every State. If 
this were not so, and if questions once determined could 
be reopened to litigation in other States, the greatest 
confusion and injustice would result from the difficulty 
of presenting evidence to the courts. 

Rights of Citizens. —The citizens of each State shall be entitled 
to all privileges and immunities of citizens in the several States. 
(Art. IV., Sec. 2, Cl. 1.) 

This has been already considered. (See page 98.) It 
was not, however, intended that a person under obliga- 


THE STATES AND TERRITORIES 


173 


tions to a State could free himself by removing to another 
State. For— 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. (Art. IV., Sec. 2, Cl. 2.) 

This demand and surrender are called “ Extradition,” 
and Congress has provided rules for its exercise. Its 
value is seen in the means it affords of bringing criminals 
to justice. If there were not such a provision, and if it 
were possible for a man by fleeing from the State where 
the crime was committed to escape the penalties attached, 
crimes would increase and every State would become an 
asylum for rogues and criminals from other States. 

Fugitive Slaves. —No person held to service or labor in one 
State, under the laws thereof, escaping into another, shall, in con¬ 
sequence of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due. (Art. IV., Sec. 2, Cl. 3.) 

When it was adopted, this was an important provision. 
It was demanded by the delegates of the “ slave ” States 
as a protection to their property. At that time Massa¬ 
chusetts had prohibited slavery within its borders, and it 
was disappearing in other Northern States. It was seen 
that without the existence of the relation of master and 
servant there would be no means of compelling the return 
of a runaway slave who had escaped to a “ free ” State. 
The enforcement of this provision during the slavery agi¬ 
tation met with great opposition in some places, and was 
often evaded ; and its “ injustice ” was one of the most 


174 


THE FEDERAL GOVERNMENT 


powerful arguments used by the anti-slavery agitators. 
The Civil "War and the abolition of slavery rendered the 
section practically obsolete, for although it included ap¬ 
prentices and others bound to service, it is now of little 
effect. 

Federal Territory. —The Congress shall have power to dispose 
of and make all needful rules and regulations respecting the ter¬ 
ritory or other property belonging to the United States ; and 
nothing in this Constitution shall be so construed as to prejudice 
any claims of the United States, or of any particular State. (Art. 
IV., Sec. 3, Cl. 2.) 

At the time of the adoption of the Constitution the 
vast territory lying between the States and the Missis¬ 
sippi River had, with the exception of a portion belong¬ 
ing to Georgia and North Carolina, been ceded to the 
general government, and very properly power was given 
to Congress to make rules respecting this territory, with 
a proviso protecting the rights of Georgia and North 
Carolina. These States subsequently relinquished their 
claims to this land, and the proviso is now of no effect. 

Acquisition of Territory.—From time to time since the 
adoption of the Constitution large tracts have been added 
to the national domain. In 1803 we acquired by pur¬ 
chase from France the territory then known as Louisiana. 
In 1819 Florida was ceded to us by Spain. Texas joined 
of its own will in 1845, and the Mexican War (1848) and 
Purchase (1853) added the Southwestern territory. Alaska 
was purchased in 1867 from Russia, while more recently 
the annexation of Hawaii (1898) and the cessions follow¬ 
ing the war with Spain (1898) have further increased our 
possessions. The Constitution is silent upon the power 


THE STATES AND TERRITORIES 


175 


to acquire new territory, but on the theory that as a sov¬ 
ereign power the nation possesses all the rights of sov¬ 
ereignty, among which is the right to acquire territory, 
the exercise of this power by the Government has been 
generally acquiesced in. This is particularly true when 
such acquisition has been made by purchase or the con¬ 
sent of the people of the territory annexed, and while 
there has been question as to the right to obtain lands by 
conquest, the prevailing opinion has been favorable to 
the existence of such right. This sentiment is stated very 
clearly by Pomeroy in his “ Constitutional Law.” 

Congress may declare war, and the President, as Commander- 
in-chief, may wage war. One of the most common results of war 
is conquest, and unless the wars of this country are to be carried 
on differently from those of other nations, and unless we are to 
be deprived of the advantages of success, the possibility of con¬ 
quest must be considered as included within the capacity to 
declare and wage war. The President, with the advice and con¬ 
sent of two thirds of the Senate, may make treaties. No kinds of 
treaties are specified, no limitations are placed; the language is as 
broad as possible ; indeed, these international compacts are ex¬ 
pressly declared to be the supreme law of the land. No species of 
treaty is more common than that of cession; and unless we would 
interpolate a restriction which the language of the Constitution 
does not require, and thereby place the United States in a condi¬ 
tion of inferiority to all other countries, we must admit that ter¬ 
ritory may be acquired by treaty. 

And the Supreme Court of the United States, through 
Chief Justice Marshall, has said: 

The Constitution confers absolutely on the government the 
powers of making war and of making treaties. Consequently that 
government possesses the power of acquiring territory either by 
conquest or treaty. 


176 


THE FEDERAL GOVERNMENT 


Congressional Power over Territory.—Over territory so 
acquired Congress has, for a time, exercised exclusive 
control. In order to secure settlers and build up States, 
it has enacted general laws for the sale of lands and the 
making of grants and loans, and has established a system 
for the survey of vast tracts and the regulation of titles. 
But the disposition of public lands is only a small part of 
this power of Congress. It can enact local laws for the 
Territories, regulating the ordinary intercourse of in¬ 
dividuals, the procedure of courts, the chartering of 
railroads, and, in a word, can perform all other legisla¬ 
tive acts which can be done by the legislature of a State. 

Territorial Government.—Congress has not, however, 
continued this local control. From time to time various 
sections have been organized into Territories , over which 
local governments have been established. The system 
varies in certain details, but in the main it is the same 
in all. The government is republican, and forms a fit¬ 
ting school for subsequent statehood. 

Territorial Officers.—The executive officer is a Governor 
appointed by the President, with the consent of the Sen¬ 
ate, for a term of four years. He must reside in the 
Territory and is Commander-in-chief of the territorial 
militia. He may grant pardons and reprieves and remit 
fines, but his action in these matters is subject to reversal 
by the President. He has also a limited veto power. 
A Secretary is appointed in the same manner and for 
the same term as the Governor, who, besides being the 
custodian of all territorial papers, and the recorder of 
the laws and proceedings of the legislature, performs 
the duties of Governor during a vacancy in that office. 


THE STATES AND TERRITORIES 


ITT 


There are also a Treasurer, a Chief Justice and Associate 
Justices, District Attorney, Marshal, and Superintendent 
of Education, all appointed by the President and con¬ 
firmed by the Senate. 

Territorial Legislature.—The legislative branch consists 
of two houses, the members of which are elected by dis¬ 
tricts every two years by popular vote. The legislative 
power extends to “ all rightful subjects of legislation, not 
inconsistent with the Constitution and laws of the United 
States. But no laws can be passed interfering with the 
disposal of the soil. No tax shall be imposed upon 
property of the United States. Hor shall the lands or 
other property of non-residents be taxed higher than the 
lands or other property of residents.” But all acts, 
besides being subject to the veto of the Governor, may 
be annulled by an Act of Congress. 

Territorial Judiciary.—The judicial branch consists of a 
Chief Justice and at least two Associate Justices of the 
Supreme Court of the Territory, appointed by the Presi¬ 
dent, and Justices of the Peace elected by the people. 
Each territory is divided into as many Judicial Districts as 
there are Supreme Court Justices, and the Supreme Court 
has both original and appellate jurisdiction. Appeals 
therefrom are taken to the Supreme Court of the United 
States. 

Territorial Citizenship.—The Territories have no part in 
the election of President, nor have they Senators or Rep¬ 
resentatives, though each is entitled to one Delegate to 
the House of Representatives. Of the position of a citi¬ 
zen of an organized Territory, Bryce in his “ American 
Commonwealth ” says: 

12 


178 


THE FEDERAL GOVERNMENT 


What may he called his private or passive citizenship is com¬ 
plete. He has all the immunities and benefits which an American 
citizen enjoys. But the public or active side is wanting, so far as 
the National Government is concerned, although complete for 
local purposes. 

The District of Columbia.—The government of the Dis¬ 
trict of Columbia differs to such an extent from that of 
the Territories as to require special mention. Congress 
has exclusive control of this District (Art. I., Sec. 8, 
Cl. 17). All laws are made by Congress and enforced 
by a Commission consisting of an officer of the Corps of 
Engineers of the Army of a higher rank than captain, 
and two civilians, citizens of the United States and resi¬ 
dents of the District, appointed by the President with 
the consent of the Senate, for a term of three years. 
The Commission is authorized to make police and other 
municipal regulations, collect and apply taxes to the sup¬ 
port of schools and other public purposes, and exercise 
all the powers usually vested in the governing body of 
cities, but the local taxes are fixed by Congress. The 
Judiciary of the District consist of a Supreme Court with 
a Chief Justice and six Associate Justices, which has 
general jurisdiction of law and equity. From this court 
appeals can be taken to the Court of Appeals of the 
District, consisting of three Judges, to which court is 
also taken any appeal from the decision of the Com¬ 
missioner of Patents. From the Court of Appeals appeals 
maybe taken to the Supreme Court of the United States. 

Admission of States.— New States may be admitted by the 
Congress into this Union; but no new State shall be formed or 
erected within the jurisdiction of any other State; nor any State 


THE STATES AND TERRITORIES 


179 


be formed by the junction of two or more States, or parts of States, 
without the consent of the legislatures of the States concerned as 
well as of the Congress. (Art. IV., Sec. 3, Cl. 1.) 

How long a Territory shall remain such is a question 
to be determined by Congress alone, and its action is not 
affected by the population, wealth or the extent of the 
Territory. Political interests, as the retention of part} r 
power, and national questions, as slavery, have influenced 
the action of Congress to a large extent. For a long 
time there was no uniformity as to the population neces¬ 
sary for admission, and great discrimination has been 
shown from time to time in favor of Territories in which 
it was supposed the sentiment on great questions was the 
same as that of the dominant political party in Congress. 
There is now a rule which provides that no Territory 
will be admitted as a State until it has a population suffi¬ 
cient to entitle it to a representative in Congress. 

Methods of Admission.—States are usually admitted in 
one of two ways. Either Congress passes an “ enabling 
act,” by which the people are authorized to adopt a con¬ 
stitution in which certain provisions may be required to 
be inserted, upon performance of which the Territory 
becomes a State ; or, the people of a Territory submit 
a constitution to Congress, and upon its approval the 
Territory becomes a State. 

Limitation.—The limitation placed upon the power of 
Congress to form States was designed as a protection to 
the large States which feared that they might be divided, 
and the small States, which feared that they might be 
consolidated into large States, and is another example of 
the compromises made in the Constitutional Convention. 


180 


THE FEDERAL GOVERNMENT 


GOVERNMENTAL 


FORMS IN STATES AND TERRITORIES. 


STATES: 


Legislative 

Executive 

Judicial 

l 


j Senate 
< Lower House 
-{ Governor 

{ Appellate Courts 
Courts of Original 
Jurisdiction 


| Elected by the people. 

1 Elected by the people or 
j Appointed by Governor. 


TERRITORIES: 



' U. S. Congress 

r 

Legislative ■ 

Territorial 

Legislature 1 

Executive ■ 

^ l 

' Governor 

Secretary 

Treasurer 

District Attorney 
Marshal 

Superintendent of 

L Education 

Judicial 

> 

Supreme Court j 

Justices of | 

the Peace > 


Council ) Elected by the 

House of Representatives > people. 
Limited by veto of Governor and act of Con¬ 
gress. 


Appointed by President with consent of 
Senate. 


Chief Justice 1 Appointed by President 

Associate Justices > with consent of Senate. 

Elected by the people. 


Territories 

become 

States 


by Act of Congress 

with Constitution adopted 


before { „ 

after J Act of Con £ rese - 













CHAPTER YI. 


GENERAL PROVISIONS. 

National Credit.—Credit gives stability in national as 
well as in private concerns. A nation can better lose its 
armies than its credit. In consequence of these truths 
there was inserted in the Constitution a provision that: 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be valid against the United 
States under this Constitution, as under the Confederation. (Art. 
VI., Cl. 1.) 

And later, after the accumulation of an enormous debt 
through the Civil War, an additional pledge was inserted 
in Amendment XIV. that: 

The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrections or rebellion, 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave; but all such debts, obli¬ 
gations, and claims shall be held illegal and void. 

The Supreme Law.—This Constitution, and the laws of the 
United States which shall be made in pursuance thereof; and 
all treaties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the land ; and 
the judges in every State shall be bound thereby, anything in 


182 


THE FEDERAL GOVERNMENT 


the Constitution or laws of any State to the contrary notwith¬ 
standing. (Art. VI., Cl. 2.) 

Every governmental act repugnant to the Constitution 
is null and void. So also with the federal laws and 
treaties, of which the Supreme Court of the United States 
has said: 

In every case of conflict, the Act of Congress or treaty is su¬ 
preme, and the law of the State, though enacted in the exercise of 
uncontroverted powers, must yield to it. 

As between federal laws and treaties, it is the rule 
that the one last made is the superior. 

Oath. —The Senators and Representatives before mentioned, 
and the members of the several state legislatures, and all execu¬ 
tive and judicial officers, both of the United States and of the 
several States, shall he hound by oath or affirmation, to support 
this Constitution ; but no religious test shall ever be required as 
a qualification to any office or public trust under the United 
States. (Art. VI., Cl. 3.) 

Amendments —The Congress, whenever two thirds of both 
houses shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of two 
thirds of the several States, shall call a convention for proposing 
amendments, which, in either case, shall be valid to all intents and 
purposes as part of this Constitution, when ratified by the legisla¬ 
tures of three fourths of the several States, or by conventions in 
three fourths thereof, as the one or the other mode of ratification 
may be proposed by the Congress; provided that no amendment 
which may be made prior to the year one thousand eight hundred 
and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State , without 
its consent, shall be deprived of its equal suffrage in the Senate. 
(Art. V.) 

Ratification. —The ratification of the conventions of nine 
States, shall be sufficient for the establishment of this Constitu¬ 
tion between the States so ratifying the same. (Art. VII.) 


CHAPTER VII. 


AMENDMENTS. 

Bill of Rights.—The most frequent objection to the 
Constitution, before it was adopted by the States, was 
the absence of any provision asserting and guaranteeing 
the inherent rights of the people. The possibility that a 
strong central government might become as tyrannical as 
that of George III. aroused grave apprehension, and to 
quiet this fear Congress, at its first session, proposed 
twelve amendments and submitted them to the States for 
ratification. Of these, ten were adopted in 1791. The 
first eight constitute what is called the “ Bill of Rights,’’ 
a name adopted from the English Bill of Rights. 

Freedom of Religion and Press. —Congress shall make no law 
respecting an establishment of religion, or prohibiting the free 
exercise thereof ; or abridging the freedom of speech, or of the 
press ; or the right of the people peaceably to assemble, and to 
petition the Government for a redress of grievances. (Amend¬ 
ment I.) 

The colonization of this country had been largely due 
to the attempts of the people to find freedom of worship, 
and this amendment was intended to guarantee its con¬ 
tinuance. It does not, however, deprive the Government 
of its right and duty to recognize the teachings of re¬ 
ligion ; nor does it deter the Government from abolishing 


184 


THE FEDERAL GOVERNMENT 


polygamy and other immoralities when practiced under 
the guise of religion. This amendment also guarantees 
the right to freely and publicly discuss all questions re¬ 
lating to the conduct and policy of the Government, and 
asserts the right of the people to assemble and petition, 
the denial of which was enumerated among the grievances 
set forth in the Declaration of Independence. It does 
not, however, allow men to injure the reputation of their 
fellows by slander or libel. 

Arms—A well-regulated militia, being necessary to the security 
of a free state, the right of the people to keep and bear arms, shall 
not be infringed. (Amendment II.) 

Quartering of Troops.—No soldier shall, in time of peace be 
quartered in any house, without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. (Amend¬ 
ment III.) 

Both of these provisions were taken from the English 
Bill of Bights, and cover grievances enumerated in the 
Declaration of Independence. 

Searches. —The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue, but 
upon probable cause, supported by oath or affirmation, and par¬ 
ticularly describing the place to be searched, and the persons or 
things to be seized. (Amendment IV.) 

This provision is for the protection of the people against 
such abuses as occurred under the Writs of Assistance. 
It does not prevent searches and seizures which are nec¬ 
essary for the recovery of stolen property ; but it places 
the practice under such regulations as to protect all par¬ 
ties in their rights. 


amendments 


185 


Rights of Accused. —No person shall he held to answer for a 
capital, or otherwise infamous crime, unless on a presentment or 
indictment of a grand Jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service in time of 
war or public danger; nor shall any person he subject for the 
same offense to he twice put in jeopardy of life or limb; nor shall 
he be compelled in any criminal case to he a witness against him¬ 
self, nor be deprived of life, liberty, or property, without due pro¬ 
cess of law; nor shall private property be taken for public use, 
without just compensation. (Amendment V.) 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. (Amendment VI.) 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. (Amendment VIII.) 

These three amendments are intended as a protection 
to persons accused of crime. A capital crime is one of 
such magnitude as to be punishable by death. An in¬ 
famous crime is one denoting a depraved mind and pun¬ 
ishable by long imprisonment. 

Indictment. —A grand jury is a body of men selected 
by lot at stated periods from among the citizens of a 
defined district to inquire concerning crimes committed 
within their districts. In most States it cannot consist 
of more than twenty-three nor less than sixteen persons. 
The grand jury usually considers only those cases sub¬ 
mitted to it by an officer of the court, and in secret ses¬ 
sion takes the testimony of witnesses as to the commis¬ 
sion of a crime, and decides whether the evidence is 


186 


THE FEDERAL GOVERNMENT 


sufficient to warrant an accusation. This decision re¬ 
quires the concurrence of twelve men. If it is deemed 
proper, an indictment —that is, a written accusation charg¬ 
ing a person with the commission of the crime—is pre¬ 
sented to the court, and the person therein accused of the 
offense is held for trial. A presentment is an informal 
accusation of a crime made by a grand jury upon its 
own knowledge in cases not submitted to it by an officer 
of the court. As a preliminary to a criminal prosecution 
the latter has fallen into general disuse in this country. 

Bail. —Bail is the deposit by an accused person of a cer¬ 
tain sum of money with the officers of the court, or a 
bond given by responsible persons to pay a certain sum 
of money to the Government, if the accused does not 
obey the orders of the court, such as to appear for trial. 

Trial.—The accused is entitled to a speedy and public 
trial, and can demand that it be by a jury, which is a 
body of men selected by lot from the district within 
which the crime was committed, and who are sworn to 
impartially decide the guilt or innocence of the accused. 
Such a jury is called a petit jury. The accused is also 
entitled to know the charges against him, to hear and 
examine the witnesses sworn, and the Government must 
provide him with counsel, if he is unable to do so himself. 
He cannot be compelled to testify, nor can his refusal to 
do so be considered an indication of his guilt. Moreover, 
he can only be tried once for the same offense, unless the 
jury fails to agree or unless he secures a new trial. 

Protection to Property.—Amendment V., besides guar¬ 
anteeing life and liberty to the individual, granted him 
protection in his property rights, but the Government is 


AMENDMENTS 


1S7 


not deprived thereby of its right to take private property 
for public purposes whenever necessity demands. This 
right of the Government is called the Right of Eminent 
Domain , and unless it existed individuals might obstruct 
and even prevent necessary public acts. Thus the Gov¬ 
ernment may appropriate property for roads, docks and 
other improvements, but it must pay a fair market value 
for it, which, unless the owner and the officials can agree, 
is determined by a jury of impartial men. 

Jury Trial in Civil Suits. —In suits at common law, where the 
value in controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury, shall be 
otherwise reexamined in any court of the United States, than ac¬ 
cording to the rules of the common law. (Amendment VII.) 

Powers Reserved —The enumeration in the Constitution of 
certain rights, shall not be construed to deny or disparage others 
retained by the people. (Amendment IX.) 

The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. (Amendment X.) 

Eleventh and Twelfth Amendments.—No further amend¬ 
ments were made to the Constitution until 1798, when 
the Eleventh was adopted. (See page 163.) In 1804 
Amendment XII. was added. (See page 123.) 

Slavery.—It was not until 1865 that any further amend¬ 
ments were made, when the slavery question was settled 
by the adoption of Amendment XIII. 

Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their 
jurisdiction. Congress shall have authority to enforce this article 
by appropriate legislation. 


188 


THE FEDERAL GOVERNMENT 


The Freedmen.—The freedmen thus created were made 
citizens and their rights were defined by Amendment 
XIV. (See pages 61, 96, 99 and 181.) This amendment, 
in order to extend the provisions of the “ Bill of Eights ” 
to the new citizens, further provided that no State shall 

deprive any person of life, liberty, or property, without due 
process of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Amendment XV., made in 1870, was the final step in 
granting full rights of citizenship to the freedmen. By 
the Thirteenth Amendment their freedom had been recog¬ 
nized. By the Fourteenth they have been declared citi¬ 
zens and their civil rights have been enumerated. The 
Fifteenth extended to them political rights under the 
limitations imposed by the laws of the several States by 
providing that : 

The right of citizens of the United States to vote shall not be denied or 
abridged by the United States or by any State on account of race, color, 
or previous condition of servitude. The Congress shall have power to 
enforce this article by appropriate legislation. 

Object of Amendments. — The province of the amend¬ 
ments is briefly stated by Judge Cooley, as follows: 

The first amendments were for the purpose of keeping the central 
power within due limits at a time when the tendency to centralization 
was alarming to many persons; the last were adopted to impose new 
restraints on State sovereignty at a time when State powers had nearly 
succeeded in destroying the national sovereignty. 


BIGHTS OF CITIZENS 


189 


CONSTITUTIONAL RIGHTS OF PRIVATE CITIZENS. 

Private Rights, “ Bill of Rights.” 

Religion. 


Freedom of 


Right to bear arms. 


Prohibiting 


Right, if accused 
of a crime 


Right to Jury 

Trial in 

Right to 

Public Rights. 

Prohibiting 

Not to deny 
right to vote 
on account of 


Speech. 

Press. 

Quartering troops. 

Search warrants (general). 

( Houses. 

Confiscation of •< Papers. 

( Effects. 

To be indicted by Grand Jury. 

( Twice tried for same offense. 
( Compelled to testify. 


Not to be 


To have a 


j Speedy and 


Trial. 

■ Witnesses. 


( Public 

To be confronted by 
To compel attendance of 

Required excessive bail. 

Not to be 


Criminal 

Civil 

Life 

Liberty 

Property 


( Required excessive bail 

!»*«“> I—S 


Punish¬ 

ments. 


Actions. 


and can only be deprived by 
due process of law. 


( Slavery. [ment for crime. 

( Involuntary servitude, except for punish- 
Race. 

Color. 

Previous condition of servitude. 








PART FOURTH. 


PRINCIPLES OF LAW. 

CHAPTER I. 

INTERNATIONAL LAW. 

Definition.—International Law, or the Law of Nations, 
in its commonly accepted meaning, is the code of rules 
which civilized nations recognize by consent and usage as 
that which should govern their mutual intercourse. In 
a more general sense it comprises those principles of nat¬ 
ural right and justice which should regulate international 
conduct. 


/. RULES IN TIME OF PEACE . 

Divisions.—Rules in time of peace may be divided into 
four classes—those relating to (1) Sovereignty, (2) Terri¬ 
tory, (3) Aliens and (4) Intercourse. 

1. Sovereignty. 

Recognition of Sovereignty.—Every state or nation is 
independent and sovereign, and the equal in that respect 
of every other state in the world, without regard to the 
extent, power or character of its government. In a 
nation with a federal form of government, this rule ap¬ 
plies to the central government alone. 


RULES IN TIME OF PEACE 


191 


Intervention.—It is a violation of a nation’s sovereignty 
to interfere with its domestic affairs or to intervene in case 
of civil war. However, in extreme cases, intervention is 
considered justifiable upon the ground of humanity, as 
when a government is conducting a war with great 
cruelty, or to “maintain the balance of power,” as 
where a nation whose increase of power may become a 
menace to its neighbors is restrained in its aggression 
upon a weaker state. This has often happened in Europe. 
Of somewhat the same character was the Monroe Doc¬ 
trine, promulgated in 1823, which declared that the 
United States would “consider any attempt on the part 
of the allied European powers to extend their system to 
any portion of our hemisphere as dangerous to our peace 
and safety.” 

2. Territory. 

Definition.—The land over which a state has exclusive 
political control is its territory, and its rights of govern¬ 
ment are called territorial rights. Such territory may 
be acquired either by discovery and occupation, by pos¬ 
session for a long time, by conquest or by gift or pur¬ 
chase. The transfer of territory from one nation to 
another is termed cession. A state bounded by the 
ocean, or high seas , possesses territorial rights over a 
strip of water three marine miles wide extending along 
its coasts and over the sea between adjacent head¬ 
lands. Such a strip of sea is termed territorial waters. 
Rivers flowing between two states belong to both, but 
rivers passing from one state into another are part of 
the territory of each state while within its boundaries. 


192 


PRINCIPLES OF LAW 


The ships of a nation in the territorial waters of another 
nation must obey its laws, but on the high seas they are 
subject only to the laws of their own ‘country. 

3. Aliens. 

Definition .—Aliens are persons within a country other 
than that to which they owe allegiance. They are gen¬ 
erally subject to the laws of the state where they are, but 
this rule does not apply to sovereigns, their diplomatic 
representatives, or to the ships of war and military forces 
of other states. 

Rights.—A domiciled alien —that is, one having a resi¬ 
dence or a domicile—cannot usually own land or take 
part in the government, but he may hold other property, 
make contracts and claim protection of the courts, and is 
subject to taxation and to the requirements usually im¬ 
posed upon citizens. Aliens, however, who are travelers 
only, are exempt from many of these duties and are 
entitled to special privileges. 

Naturalization.—An alien may become a citizen of the 
country of his domicile by taking an oath of allegiance 
to the government. This is called naturalization , and 
nearly all nations now recognize that this act severs the 
relationship of the person with the country to which he 
formerly owed allegiance. This severance of relationship 
is called expatriation. 

Criminals and Extradition.—Aliens who are fugitives 
from justice are subject to special rules. If their crimes 
are of a political nature they will not generally be given 
up on the demand of another government, but if they 


RULES IN TIME OF PEACE 


193 


have committed felonies, they are usually surrendered to 
the state in which the crime was committed. This is 
called extradition . 


4. Intercourse. 

Treaties.—The most important duty devolving upon 
diplomatic representatives (see page 132) is the negotiation 
of treaties. The usual subjects of treaties are peace and 
friendship, commercial privileges, postal service, extra¬ 
dition, fisheries, boundaries, annexation and the settle* 
ment of claims. There are also treaties which establish 
Joint High Commissions, Mixed Commissions and Tribu- 
nals of Arbitration for the settlement of controversies. 

International Commissions and Arbitration.—A joint 
high commission is constituted of an equal number of 
commissioners from each country, and matters upon which 
they may disagree are usually submitted to an umpire , 
named by the two interested governments or by the chief 
magistrate of another nation, and the decision of the 
umpire is final. In some instances the umpire sits with 
the commissioners during their sessions, in which case 
the body is termed a mixed commission . A tribunal 
of arbitration is generally distinguished from a mixed 
commission by the importance of the subject submitted 
to it, and because more than one nation besides the par¬ 
ties to the controversy appoint arbitrators. International 
arbitration is becoming more and more employed by gov¬ 
ernments, and all questions in dispute are considered 
proper for arbitration except those that involve a nation’s 
honor or dignity, such as an insult to its flag or official 

representatives. 

13 


194 


PRINCIPLES OF LAW 


2. RULES IN TIME OF WAR. 

War. — War is a public contention between two gov¬ 
ernments through the agency of their armies and navies. 
An insurrection which is not sufficient to support a form 
of government is not a war, but when the insurgents are 
strong enough to maintain a government, an uprising of 
this character becomes a civil war. 

Condition of States between Peace and War. —When a 
nation has suffered a wrong for which satisfaction is 
refused, it may, before an actual appeal to arms, employ 
reprisal or embargo to obtain redress. A reprisal is the 
seizure and retention of the ships and property of the 
citizens of an offending state until satisfaction is accorded. 
An embargo is the detention by a nation of the ships and 
cargoes within its ports. It is the duty of a government, 
before commencing war, to exhaust every means to obtain 
a peaceful settlement of the difficulty. The last demand 
for satisfaction which is made upon an offending state is 
termed an ultimatum. It is usually peremptory in style, 
and limits the time for compliance, and if the other nation 
refuses to agree to its terms, war follows. The com¬ 
mencement of a war divides nations into two classes, 
those who are actually engaged in the war, called bel¬ 
ligerents (war-wagers), and those who are not, called 
neutrals (neither-sided). 

3. OBLIGATIONS OF BELLIGERENTS TO EACH OTHER. 

Treaties. —As a rule, all treaties between two contend¬ 
ing nations are abrogated or abolished by the commence¬ 
ment of war, but a treaty relating to the method of 


OBLIGATIONS OF BELLIGERENTS 


195 


conducting hostilities and those which recognize a state’s 
independence or fix its boundaries are not affected. 

Citizens.—Theoretically, all the citizens and residents 
of belligerent states, as well as the governments, are 
hostile to each other, and they are liable to detention 
and their goods to seizure ; but this rule has been much 
modified by the growing sentiment against causing non- 
combatants to suffer for the public wrongs done by their 
government. 

Conduct of Hostilities.—The rules of civilized warfare 
are intended to lessen as much as possible the horrors and 
sufferings which it inflicts upon the individual. The 
most important rules prohibit a belligerent from: 

1. The employment of savages against an enemy ; 

2. The unnecessary infliction of suffering to the people 
and injury to the private property of an enemy, as in the 
case of massacre and pillage ; 

3. The inhuman treatment of prisoners ; 

4. The confiscation of private property, except when 
justified by necessity ; 

5. The use of poison and poisoned weapons. 

Communications.—The communications between hostile 

armies are carried on by means of flags of truce and 
cartels . The first are employed for any communication 
between belligerents, while the latter are agreements for 
the exchange of prisoners. 

Rules on Sea.—The restrictions imposed upon a bellig¬ 
erent apply chiefly to hostilities upon land, and have not 
been so generally applied to naval operations. The ves¬ 
sels and cargoes owned by the citizens of an enemy may, 
therefore, be seized by a hostile government. Letters of 


196 


PRINCIPLES OE LAW 


inowque and reprisal are commissions issued to vessels 
termed privateers fitted out by private citizens, which 
entitle them to capture the vessels belonging to the citi¬ 
zens of an enemy. Privateering has, however, fallen 
into general disuse since 1856, when it was discontinued 
by the European nations under the “ Agreement of 
Paris.” 

Capture and Prize. —The seizure of an enemy’s ship or 
cargo is termed capture , and the property is called prize. 
The title to a prize does not pass to the captor until it has 
been decreed by a court, known as a prize court , which 
is given jurisdiction in such cases by the belligerent gov. 
ernment. 

Truce, and Termination of War. —Hostilities may be 
temporarily suspended for a definite time by an agreement 
termed a truce or armistice. A war is terminated and 
peace restored by a proclamation of sovereignty by the 
conquering nation or by a treaty between the belliger¬ 
ents. A treaty of peace usually contains agreements as 
to the disposal of prisoners, the withdrawal of military 
forces,, the cession of territory, the payment of indemnity 
and other subjects of a like nature. 

4. OBLIGATIONS OP NEUTRALS AND BELLIGERENTS 
TO EACH OTHER. 

Recognition of Belligerency. —A state of neutrality ex¬ 
ists only when there is a war. It is important, therefore, 
for a nation to determine whether an armed contention 
is a civil war or an insurrection. This may be shown by 
the acts of a government in relation to its rebellious citi- 


OBLIGATIONS OF NEUTRALS AND BELLIGERENTS 197 


zens, such as the proclamation of a blockade of insurgent 
ports or official negotiations with the insurgent govern¬ 
ment. Under these circumstances other governments 
will recognize the belligerency of the rebels. So, also, 
a nation will recognize the belligerency of insurgents 
when it is convinced that they have established a stable 
and responsible government. It is the duty of neutrals 
to act with impartiality towards both belligerents. They 
must not permit the enlistment of men for the armies or 
navies of either belligerent. They must not allow the 
ships of either to be built or fitted out in their ports, nor 
must they loan money to either. The citizens of a neutral 
nation are also prohibited from carrying contraband of 
war and from attempting to break a blockade. 

Contraband of War .—Contraband of war comprises arti¬ 
cles which may be employed in carrying on war, such as 
arms, munitions, ships, beasts of burden, and in some 
cases even money and provisions ; and belligerents pos¬ 
sess the right to seize such articles when found in a neutral 
ship, unless in the waters of a neutral nation. The ves¬ 
sel and the remainder of the cargo, however, are ex¬ 
empted from seizure unless they belong to the owner of 
the contraband goods. 

Blockade.— A blockade is the right to prevent and 
make unlawful all trade and intercourse with certain 
specified ports or portions of the enemy’s coast. It is 
enforced by means of a fleet which intercepts vessels 
which attempt to enter or leave the blockaded territory. 
As blockade is purely a war right, a nation cannot block¬ 
ade its own ports ; and therefore, in the case of an insur¬ 
rection, the proclamation of a blockade of coasts held by 


198 


PRINCIPLES OF LAW 


insurgents is a recognition of their belligerency. Any 
attempt to violate a blockade subjects a ship to capture, 
provided that the blockade is actual —that is, that there 
is sufficient naval force present to maintain it; that the 
offending neutral had knowledge that a blockade existed ; 
and that there was an attempt to (C run the blockade.” 

Visit and Search. —In order to make the rules as to con¬ 
traband of war and blockade effective, a belligerent pos¬ 
sesses the right of visit and search , by which its cruisers 
are authorized to stop and examine ships on the high seas 
for the purpose of ascertaining their nationality, destina¬ 
tion and the character of their cargoes. And to this 
right neutrals must submit. 


INTERNATIONAL LAW. 


RULES IN TIME OF PEACE. 


Sovereignty: 

r 



Territory: 



Gift or purchase. 


Discovery and occupation. 


Rights over 





INTERNATIONAL LAW 


199 


Aliens: 


Exempt from 
Rules 


- Domiciled 


Temporarily 1 
Resident i 
Naturalization. 
„ Extradition. 


Sovereigns. 

Diplomatic representatives. 

Public ships. 

Military forces. 

C Hold personal property. 
Rights to -j Make contracts. 

( Appeal to courts. 

Duties—those of a citizen. 

Rights—special privileges. 

Duties—obedience to laws. 


Intercourse: 


Diplomatic 

Channels 


Treaties 


Arbitration 


v. 


Ambassadors. 

Ministers. 

Diplomatic Agents. 
Charges d’Affaires. 

Peace and friendship. 
Commercial privileges. 
Postal service. 
Extradition. 

Annexation. 

Fishery rights. 
Boundaries. 

Claims. 

Joint High Commissions. 
Mixed commissions. 
Tribunals of arbitration. 







200 


PRINCIPLES OF LAW 


RULES IN TIME OF WAR. 


Acts prior to 
Actual War 


Reprisals. 

Embargoes. 

Ultimatum. 


I. Obligations of BELLIGERENTS to Each Other. 


Effects on Relations: 

Public | Treaties 

Private •! Liability 


( Not abrogated, when final 
Abrogated, when not final 

{ Detention of person. 
Seizure of property. 


Conduct of Hostilities on Land: 


r 


Hostile Acts 
Prohibited 


Communica¬ 
tion by 


' Employment of savages. 

Massacre and pillage. 

- Inhumanity to prisoners. 

Confiscation of private property. 
, Use of poison. 

{ Flags of truce. 

Cartels. 


Conduct of Hostilities at Sea: 


Capture and j by public ships. 
Prize ( by privateers. 


Cessation of Hostilities; 

Truces. 


Termination of War—by Treaty: 


Subjects 
of Peace 
Treaties 


’ Disposal of prisoners. 
Withdrawal of troops. 
Cession of territory. 
Payment of indemnity. 
. Etc., etc. 






INTERNATIONAL LAW 


201 


II. Obligations of NEUTRALS and BELLIGERENTS to 
Each Other. 


Belligerency: 


( By act of other 
belligerent 

By neutral. 


Proclamation of blockade. 
Negotiations with other 
party. 


Neutrality: 

Violation of 


\ By neutral 
j nation 


Enlistment of men. 
Fitting out ships. 
Loaning money. 


Neutral Trade: 



r 


To carry 

contraband i 

Prohibitions - 

of war 


To break a \ 

blockade when J 

Visit and Search. 


Arms. 

Munitions. 

Ships. 

Beasts of burden. 

Money and provisions (in 
some cases). 

Blockade is actual. 

Neutral had knowledge 
Attempt to break it. 






CHAPTER H. 


MUNICIPAL LAW. 

Definitions.—Municipal Law consists of those rules of 
conduct prescribed by the supreme power of a state to 
regulate the relations between the state and its citizens, 
or between the citizens themselves. It is either written or 
unwritten. The unwritten law of this country comprises 
Common Law and Equity (see page 162). The written 
law of the United States consists of the Federal Consti¬ 
tution, the Acts of Congress and Treaties. The written 
law of a State consists of its constitution and statutes. A 
statute is a law established by the legislature of a State. 

Object.—The object of Municipal Law is to protect 
rights and punish wrongs. Rights are of two kinds— 
'political and civil (see page 4). So, also, wrongs are of 
two kinds—public, or crimes , and private, or torts. 

/. CIVIL RIGHTS. 

1. Absolute Rights. 

Personal Security.—This includes the right of life , the 
violation of which is one of the gravest of crimes ; and 
the right of reputation —that is, the favorable opinion of 
others—defamation of which, if oral, is slander , and if 
by writing or printing, libel. 


CIVIL RIGHTS 


203 


Personal Liberty. —This is the natural right of every 
person to move about or remain at rest, except as he is 
restrained by law. 

Personal Property. —This is the natural right of every 
person to acquire, use and dispose of property in any 
manner save as he is restrained by law. Property is that 
which can be exclusively owned or enjoyed, as a horse, 
a house, or land. But air, light and the unconfined 
forces of nature, although capable of enjoyment, are not 
property. 

Divisions of Property. —Property is divided into real 
and personal. Peal property is that which is* considered 
immovable, as land. Personal property, also called chat¬ 
tels , is that which is considered movable, as horses and 
machinery. Beal property includes lands and certain 
rights connected with the use of land, such as a right 
of way, or passage over the lands of another; & franchise, 
or the right to exercise certain privileges, such as to build 
and manage railroads; and rent, or the right to receive 
a regular profit from lands. Personal property consists 
of tangible movable objects, of certain minor rights con¬ 
nected with real property, and of such property as stocks, 
promissory notes, copyrights and debts. 

Estates in Real Property. —The interest of a person in 
property is called an estate. Estates in real property are 
real estate, which is a permanent and unending interest, 
and personal estate, which is one with some termination. 
Real estates in real property are of two kinds—an estate 
in fee, which gives the owner power to. absolutely dispose 
of the property, and which, if not disposed of, descends to 
his heirs ; and an estate for life , which gives the owner 


204 


PRINCIPLES OF LAW 


power only to use the property during his life or during 
the life of another. Among the most important life 
estates is an estate in dower , which is one that a surviv¬ 
ing wife has in one third of the real property owned by 
her husband at any time during their married life, and 
which was not disposed of with her consent. 

Leases.—The most important personal estate in real 
property is an estate for years, which begins and ends at 
specified dates and is created by an instrument called a 
lease. The lessee or tenant does not own the land, but 
has the right to its use during the term of the lease. He 
is usually required to make ordinary repairs to the prem¬ 
ises, and to pay to the lessor or landlord a fixed amount 
for the use of the premises, called rent. If the tenant 
does not pay his rent as agreed, the landlord may cause him 
to be removed from the premises. This is called eviction. 

Estates in Personal Property.—Estates in personal prop¬ 
erty are of two kinds— absolute , one that cannot be de¬ 
stroyed without the act of the owner ; and qualified, one 
that can be destroyed or lost without the act of the 
owner, such as that in wild animals. 

Title .—Title is the right of ownership of an estate. 
Titles to real property are of two kinds—by descent , as 
where an heir inherits the estate from his ancestor ; and 
by purchase, which includes all other means of acquisi¬ 
tion. The most common title by purchase is that created 
by act of the parties, which includes title by grant and 
title by devise. Title by grant is either public —that is, 
a title from the United States or a State by an instru¬ 
ment called a patent; or private —that is, from another 
person by a written instrument called a deed. Title by 


CIVIL RIGHTS 


205 


devise is that obtained by a written instrument called a 
will . 

Title to personal property may be acquired either by 
the sole act of the owner , such as that in property which 
a person produces, or in a wild animal which he cap¬ 
tures ; by operation of law , such as that acquired in the 
personal property of a relative who died without leaving 
a last will and testament ; and by the joint act of the 
present and former owners , such as that created by a gift, 
last will and testament or contract. Title by gift is that 
which a person has in property gratuitously transferred 
to him. Title by last will and testament is that by which 
one becomes the owner of personal property of a deceased 
person by the last will and testament of such person. 
Title by contract is that by which a person becomes the 
owner of personal property through its voluntary trans¬ 
fer to him by another for some consideration. 

Contracts.—A contract is an agreement between two or 
more persons to do or not to do some thing. Four con¬ 
ditions are necessary to a complete contract: (a) Parties 
able to contract; (b) a sufficient consideration ; (c) a sub¬ 
ject to be contracted for ; and (d) an actual agreement, 
or, as it is called, a “ meeting of the minds.” 

Parties.—Parties able to contract must be of full age. 
Contracts by minors, except for necessary articles of sup¬ 
port, are not binding upon them. They must be of full 
understanding. Contracts made with idiots or others de¬ 
prived of their minds are of no effect, as against them. 
They must also be free to contract. Any agreement 
made by a person under restraint or force is not binding 
upon him. 


206 


PRINCIPLES OF LAW 


Consideration.—A consideration is (a) something of value 
to the person receiving it, or of detriment to the person 
giving it, (b) love and affection existing between a parent 
and child or husband and wife, or (c) mutual promises made 
between persons at the same time. 

Subject.—The subject of a contract must be something 
real, as property, service or labor. It must also be law¬ 
ful and moral. Contracts for smuggling or other unlaw¬ 
ful acts are not binding. 

Classes of Contracts.—Contracts are either oral —that is, 
by word of mouth—or written . Written contracts are 
either under seal—that is, with a seal affixed to the sig¬ 
nature—or without seal. The most common forms of 
contracts under seal are deeds and mortgages. 

Deeds.—A deed is defined as a writing, signed, sealed 
and delivered between the parties. It is the instrument 
by which private grants of land are made. The person 
making the deed is called the grantor ; the person to 
whom it is made, the grantee. A deed must name the 
parties, describe the consideration, the property and 
estate conveyed, and contain the signature and seal of 
the grantor. The most common deeds are quitclaim 
deeds, by which the grantor disposes merely of his inter¬ 
est in the property, and warranty deeds, by which the 
grantor guarantees that he is the owner of the property 
and promises to protect the grantee in his possession. 
The execution of a deed is the actual signing and affixing 
of a seal. In most States, before a deed can be placed on 
record, the grantor is required to acknowledge that he 
executed the deed before an officer, such as a judge, jus¬ 
tice of the peace or notary public, who must certify to 


CIVIL RIGHTS 


207 


the fact in writing upon the instrument. The deed so 
executed and acknowledged is of no effect unless it is 
actually delivered to the grantee. 

Mortgages.— Mortgages resemble deeds in that they are 
transfers of interest in real property, and require tho 
same formality in their execution, acknowledgment and 
delivery. They do not, however, constitute actual trans¬ 
fers of the title, like deeds, but only a claim to the prop¬ 
erty as security for the payment of some indebtedness. 
A mortgage must contain a description of the parties, 
called the mortgagor and mortgagee , the consideration, the 
property mortgaged, and, among other things, a clause 
stating that the grant is made as security for the pay¬ 
ment of some indebtedness, with the terms of payment, 
and that upon such payment the grant becomes void. 
Mortgages usually accompany bonds , which are obliga¬ 
tions to pay certain moneys at certain times. They are 
then spoken of as collateral security , because they can 
only be enforced in case the conditions of the bond are 
not fulfilled. A mortgage is enforced by foreclosure , 
which is a legal remedy by which the property described 
in the mortgage can be sold and the proceeds applied to 
the payment of the debt. It is usual in the case of both 
deeds and mortgages for a wife to join in the execution 
with her husband. In this way only is. the property 
relieved of her dower interest which she has in it by 
reason of the marriage. 

Protection to Grantees and Mortgagees. —For the pur¬ 
pose of avoiding difficulties it is customary for grantees 
and mortgagees to require with the deed or mortgage 
a search or abstract of title , which is a synopsis from 


208 


PRINCIPLES OF LAW 


the public records, extending over a number of years and 
showing the source and character of the title of the 
grantor or mortgagor to the property. For further pro¬ 
tection deeds and mortgages are usually recorded , that is, 
copied in full in the office of the County Clerk or Regis¬ 
trar of Deeds of the county where the property is situ¬ 
ated. If not so recorded, the grantee or mortgagee is 
liable to lose the interest granted to him, for it is a rule 
of law that if there be two or more deeds or mortgages 
upon the same property, the one first recorded takes pref¬ 
erence over all the others without regard to its date. 

Chattel Mortgages.—A chattel mortgage is a mortgage 
upon personal property, given as security for the pay¬ 
ment of an indebtedness. This does not have to bo 
recorded, but for protection it is usual to file , that is, 
deposit a copy in the office of the Clerk of the Town 
where the property is. 

Other Written Contracts.—Contracts in writing, not 
required to be under seal, are: (a) Contracts to sell any 
interest in lands ; (b) contracts for services that cannot 
be performed within a year ; (c) contracts for the pur¬ 
chase and sale of personal property exceeding in value 
a certain amount, usually fifty dollars ; (d) contracts to 
bo responsible for the debt of another. The last is known 
as guaranty , and the person making such guaranty is 
called a guarantor . 

Sale.—A contract of sale is one by which the ownership 
of personal property is transferred to another for a money 
consideration. The person making the sale is called the 
vendor ; the purchaser, the vendee. Among the rules 
governing sales are the following: (a) If the goods are 


CIVIL RIGHTS 


209 


sold by sample, they must be as good as the sample; 
(b) if the goods are ordered for a particular purpose, 
known to the vendor, they must be suited to the pur¬ 
pose; and (c) in the sale of foods they must be whole¬ 
some. 

Bailment.—A contract of bailment is one by which the 
possession of personal property is transferred from one 
person, called the bailor , to another, called the bailee , for 
some purpose, to be returned when the purpose is accom¬ 
plished. The most important bailment is called locatio , 
and is the delivery of an article to the bailee for his use 
upon compensation to the bailor; or for the performance 
of labor upon an article by the bailee upon compensation 
from the bailor . The hiring of horses, the repairing of 
a watch by a watchmaker, the transportation of goods 
by railroad companies and the care of property by inn¬ 
keepers are instances of locatio. 

Agency.—A contract of agency is one by which a person 
appoints another to act for him in some business trans¬ 
action. The person making the appointment is called 
the principal; the person appointed, the agent . Agents 
are of two kinds —general, who perform all the business 
of the principal at a particular place ; and special , who 
are employed for some particular purpose. Among the 
rules governing agency, the most important one is that 
any contract or act of the agent within the line of his 
employment is binding upon the principal. 

Partnership.—A contract of partnership is one by which 
two or more persons unite their labor or property or both 
in some business in which they agree to share the losses 
and divide the profits. In this relation the partners own 
14 


210 


PRINCIPLES OF LAW 


in common all the property, and each partner is the agent 
of the partnership. For the debts of the partnership, 
not only the common property, bat the individual 
property of the partners is liable after the partnership 
property is exhausted. 

Corporations.—A corporation is a body of individuals 
created by law under a special name, with the power of 
acting as a single individual. Corporations are either 
public, as a city or county, or private, as those organized 
for religious, charitable, social, manufacturing and busi¬ 
ness purposes. Their usual powers, derived from gen¬ 
eral laws or a special act, called a charter, are to sue and 
be sued ; to purchase and own lands and chattels ; to 
make by-laws for their government ; to remove members 
and elect others in their place or in place of those who 
may die. Besides these, exceptional privileges, such as 
to erect telephone poles or lay pipes, are sometimes given 
to a corporation. This is called a franchise. The capi¬ 
tal of a manufacturing or business corporation is divided 
into shares of stock, and those who own the shares are 
called members or stockholders. The stockholders elect 
some of their number directors or trustees, to carry on the 
affairs of the corporation, and these, as a board, choose 
its officers. The liability of stockholders, directors and 
officers for the debts of a corporation are fixed by statute. 

Insurance.—A contract of insurance is one by which 
a person or corporation, in return for certain compensa¬ 
tion, known as premium, undertakes to indemnify another 
against loss or injury. Fire and marine insurance cover 
losses sustained by fire or the mishaps of shipping. Life 
insurance is a contract by which the insurer agrees to 


CIVIL RIGHTS 


211 


pay a certain sum to the insured after the expiration of 
a fixed time, or to his representatives at his death. The 
contract of insurance is contained in an instrument called 
a policy i which also contains a description and facts rela¬ 
tive to the insured person or property, known as the risk , 
and any misrepresentations on the part of the insured at 
the time of making the contract will release the insurer 
from liability. 

Indorsement.—A contract of indorsement is one by 
which a person agrees that he will pay the amount of 
a negotiable paper to its holder when due, if the maker 
does not. Indorsement consists in the writing by a 
person of his name across the back of the instrument. 
Negotiable paper consists of promissory notes, bills of ex¬ 
change, checks, etc., when they are payable to some per¬ 
son or “ bearer” or “ order.” A promissory note is a 
promise in writing to pay a certain sum of money at a 
certain time. The party signing the note is the maker; 
the person to whom it is payable, the payee. A bill of 
exchange , also called a draft , is an order in writing by 
one person upon another to pay a certain sum of money 
to a third person either upon presentation or at some 
time after date of presentation. The person upon whom 
such order is made is not liable therefor until he accepts 
it —that is, promises in writing upon its face to pay it. 
He is then called an acceptor , and becomes the principal 
debtor. A check is a written order upon a bank to pay 
to a person named a sum of money and charge the same 
to the account of the person making the check. To fix 
an indorser’s liability the negotiable paper must be pre¬ 
sented for payment, at the time it becomes due, at the 


212 


PRINCIPLES OF LAW 


place where it is payable. If payment is refused, the in¬ 
strument is protested —that is, non-payment is certified— 
usually by a notary public, and notice of this fact must 
be given at once to the indorser. 

Liens.—A lien is the right of a person to retain posses¬ 
sion of the property of another until certain demands are 
satisfied. Among those entitled to this right are inn¬ 
keepers and railroad companies for their services upon 
the property which they have cared for or carried. They 
may sell the property and apply the proceeds to the pay¬ 
ment of the claims. Mechanic's liens are those held by 
contractors, mechanics and others who furnish labor and 
materials for buildings. They are governed by statute, 
and can only be enforced by legal proceedings similar to 
the foreclosure of a mortgage. 

Remedies for Violation of Contracts.—If there is a viola¬ 
tion of a contract, the injured party has a remedy.by 
legal action by which he can compel the performance of 
the contract or can recover money damages for the injury 
he has sustained. 

Wills and Testaments.—A last will and testament is an 
instrument, usually required to be in writing, by which a 
person disposes of his property, to take effect after his 
death. Only persons of full age and mental capacity can 
make wills of real property, but in some States certain 
minors can so dispose of their personal property. (A per¬ 
son dying without a last will and testament is said to die 
intestate.) It is necessary that the instrument be signed 
by the maker, called the testator , who in most States 
must acknowledge such act, with the statement that it 
is his last will and testament, in the presence of two or 


CIVIL RIGHTS 


213 


more witnesses, who are not interested in the will, and 
who then sign, in the presence of each other and the 
testator, a statement of such execution and acknowl¬ 
edgment. Changes are sometimes made in wills and 
testaments, by instruments called codicils , which must 
be executed with the same formalities as the original 
instruments. A will and testament becomes effectual 
upon the death of the testator, unless it has been de¬ 
stroyed by his direction or has been expressly revoked 
by a subsequent will. After the death of the testator 
the will and testament are proved, or probated, before a 
surrogate or probate judge, and the real property passes 
at once to those entitled to it. The affairs of the estate 
are settled, and distribution of the personal property 
is usually made by a person named in the will, called an 
executor. When a person dies intestate his real property 
passes directly to his heirs, and his affairs are settled and 
his personal property is distributed by an officer appointed 
by the surrogate, called an administrator . 

2. Relative Rights. 

Husband and Wife.—The contract of marriage is regu< 
lated by statute in the several States, but as a rule the 
following persons are debarred: (a) Males under fourteen 
and females under twelve years of age ; (b) persons hav¬ 
ing another husband or wife living ; and (c) persons re¬ 
lated to each other within certain degrees. The mutual 
promises of the parties constitute the consideration. In 
some States a license issued by an official is required before 
a marriage can be celebrated. Divorce is the judicial 
termination of a marriage contract; the grounds upon 


214 


PRINCIPLES OF LAW 


which it is granted are fixed by statute. In the mar¬ 
riage relation the husband is considered the head of the 
family. He can determine the place of abode and can 
compel the wife’s return if she leaves him without cause. 
He is required to support and protect her, and in the 
buying of articles for the home the wife is considered the 
agent of the husband, so long as she lives with him ; but 
he is released from all obligations of this character if she 
leaves him without cause. 

Parent and Child.—Children owe to their parents obe¬ 
dience and service during their minority. Parents are 
obliged to protect the child, provide necessary food and 
clothing, and educate him according to his station in life. 

Guardian and Ward.—A guardian is one who has the 
care of the person or property of a minor, called a ward. 
A guardian of the person is entitled to obedience, but not 
service. A guardian of the property must support and 
educate the ward according to the ward’s station and 
property. He cannot make any profit out of the prop¬ 
erty for himself, and is liable for any loss occasioned by 
his negligence. 

Master and Servant.—A master is one who by virtue of 
a contract has authority over another person, called a 
servant. Servants are of two kinds— apprentices , or those 
placed under the authority of another for the purpose of 
learning some trade ; and hired servants , or those who 
engage to render services in return for wages. The mas¬ 
ter is entitled to obedience and service during the term 
of the contract. The servant is entitled to receive the 
agreed wages during the time of the contract, unless he 
leaves or is discharged for cause. 


WRONGS 


215 


2 . WRONGS. 

1. Torts. 

Torts.—A tort is the intentional and wrongful doing 
or not doing of some act by which another is injured. 
The most common torts are slander, libel, fraud and 
assault. Slander is the willful injury of the reputation 
of another by spoken language. Libel is the willful in¬ 
jury of the reputation of another by writing, printing, 
engraving or other permanent form. Libel is also a 
crime. Fraud is a false representation, made with the 
intent to deceive, and resulting in actual injury. Assault , 
which is also a crime, will be defined later. 

2. Crimes. 

Definitions.—A crime is an act or omission forbidden 
by law and punishable by death, imprisonment, fine or 
other penalty. A felony is a crime punishable by death 
or imprisonment in a state prison. All other crimes are 
misdemeanors. Two elements are necessary to constitute 
a crime—the criminal intent and the criminal act. A 
'principal is one who commits the crime, or one who is 
present aiding and abetting the act. An accessory is one 
who, not present, yet aids and abets the commission of 
a felony, or one who, with knowledge of the crime, aids 
the offender to avoid arrest and punishment. In the 
commission of treason and misdemeanors all the wrong¬ 
doers are principals. 

Crimes against the State.—The principal crimes against 
the State are treason, illegal voting, bribery, aiding 


216 


PRINCIPLES OF LAW 


escape of prisoner, counterfeiting, forging, perjury and 
influencing another person to swear falsely, which is 
called subornation of perjury. 

Crimes against Persons; Suicide.—The principal crimes 
against persons are suicide, homicide, assault, robbery 
and libel. Suicide is the intentional taking of one’s own 
life. The attempt to commit suicide is also a crime. 

Homicide.— Homicide is the killing of a human being 
by another. Murder in the first degree is the wrongful 
killing of a person either with a premeditated design to 
cause his death; or by a reckless act dangerous to life, 
although without intent to take life ; or by a person 
engaged in the commission of a felony. The usual pun¬ 
ishment is death or life imprisonment. Murder in the 
second degree is the intentional killing of a human being 
without premeditation. The usual punishment is life 
imprisonment. All other forms of homicide are termed 
manslaughter. Homicide is excusable when committed 
by accident. Homicide committed in the defense of self 
or another is justifiable. Ho person can be convicted of 
homicide unless it is proved that a life has been taken 
and that he is the one who took it. 

Assault.—An assault in its highest form is either an 
attack upon a person with intent to kill or commit a 
felony, with a weapon likely to produce death ; or the 
administration of poison or drugs dangerous to life. It 
is a felony. Assault and battery is an attack upon a per¬ 
son with the fists with the intention to do him bodily 
injury. This is a misdemeanor. 

Robbery.— Bobbery is the unlawful taking of personal 
property from a person against his will, by force or yio- 


WRONGS 


217 


lence, or by arousing fear in such person. Secretly pick¬ 
ing a person’s pocket is not robbery. 

Crimes against Property; Arson.—The principal crimes 
against property are arson, burglary and larceny. Arson 
in its highest degree consists in setting fire at night time 
to a building or car or other structure in which there is 
a human being. The punishment varies in the different 
States, the most severe being imprisonment for life. 

Burglary .—Burglary is the forcible entering of a house 
or room for the purpose of committing a crime. Its high¬ 
est degree occurs when such entry is made in the night, 
when a human being is within, by a person armed with 
a dangerous weapon. It is a felony. 

Larceny .—Larceny is the taking, concealing or with¬ 
holding of personal property with the intent to deprive 
the owner of its possession. The highest degree, called 
grand larceny , consists in taking property from the per¬ 
son of another in the nighttime, or in the taking at any 
time of property above a certain value. All other steal¬ 
ing is petit larceny. 

Bigamy.—The principal crime against public morals is 
bigamy. It is bigamy when a person, having a living 
husband or wife, marries another. 

Arrest .—Arrest is the apprehension of an offender in 
order that he may be punished for his crime. It is usually 
made by an officer uppn a warrant , which is a mandate 
of a court commanding the arrest of the offender. But 
an arrest may be made without a warrant when the 
offender is detected in the actual commission of a crime. 


218 


PRINCIPLES OF LAW 


MUNICIPAL LAW. 


MUNICIPAL LAW 


' UNWRITTEN - 

Common Law. 

1 

Equity. 


1 

' Federal \ 

WRITTEN 


•» 

State J 

► 

< 


Constitution. 

Acts of Congress (Federal Statutes). 
Treaties. 

Constitutions. 

Acts of Legislatures (State Statutes). 


CIVIL RIGHTS. 


I. ABSOLUTE RIGHTS: 


1. Personal Security 

j Life, 
t Reputation. 

2. Personal Liberty. 


3. Private Property. 

t 

p Ways. 

Real Property \ 

Rights of •< Franchisee. 

t 

t Rents. 


Personal Property. 


Estates— 


In Beal Property. 


Real Estates 

As to Tenure 


Personal Estates 
{Lease) 


in Fee. 

for Life \ Life Esta1e ' 
i Dower. 

Landlord 

and 

Tenant. 


As to Title 


’ by Descent, 
by Purchase 


by j Public—Patent. 

Grant 1 Private—Deed, Mortgage, 
by Devise—Will. 


In Personal Properly. 


As to tenure 


As to Title 


J Absolute. 

< Qualified. 

' By operation of law. 
By sole act of owner. 


By joint act 

of parties 


Gift. 

Will and testament. 
Contract. 










MUNICIPAL LAW 


219 


ABSOLUTE RIGHTS— Continued. 

Contracts— 

Conditions as to. 


r 

Parties 

Consideration. 
Subject | 
. Meeting of the 

Classes. 

f Oral. 


Written 


Of full age. 

Of full understanding. 
Free to contract. 

Moral. 

Lawful. 

minds. 


Under seal 


Not under seal - 


Sale 


Implied 


warranty 


Bailment. 
Agency j 

Partnership 

Insurance 

Indorsement - 
Liens. 


General 

Special 


f Warranty Signed, Sealed, 

Deed j Quitclaim Acknowledged, 

t Etc., etc. Delivered and 

Mortgage J Recorded. 

For purchase j Lands. 

and sale of < Personal property over $50. 
Which cannot be performed in a year. 
Guaranty. 

Chattel mortgage. 

From sample. 

When particularly manufactured. 

As to food. 

| Principal and agent. 

Public. 


Corporation 


Private 


Charter. 

Franchise. 

Directors. 

. Stockholders. 


} 

{ promissory noie ^maaer, payee;. 

Bill of exchange j At sight \ . 

(draft) I Afterdate f < Ac “P‘°A 
Liability of indorser (presentation, non-payment, protest, notice). 


Fire 
Marine 
Life, etc. 

Negotiable 


Policy and premium. 

Promissory note (maker, payee). 


Remedies. 

j Enforce performance. 

< Recover damages. 

Wills and Testaments, 

{ Execution. 

Addition (codicil). 

Probate. 


Testator and Intestate. 
Executors and Administrators. 












220 


PRINCIPLES OF LAW 


II. RELATIVE RIGHTS: 

1. Husband and Wife. 


Marriage j 


Rights and 


duties 


. Divorce. 

2. Parent and Child. 

Child 

Duties of 

Parent 


3. Guardian and Ward. 

{ Of person, 
Of property 


Residence. 

Return. 

Protection. 

Support. 


( Obedience. 
1 Service. 
Protection. 
Support. 
Education. 


Entitled to obedience 
1 Must support 
1 Must educate 


j- from property 


4. Master and Servant. 

[ Apprentice. 

( Hired Servant, 


WRONGS. 


I. TORTS : 

Classes. 

f Slander. 

Libel. 

Fraud. 

„ Assault. 

II. CRIMES: 

Divisions. 

( Felonies. 

1 Misdemeanors. 

Criminals. 

( Principal. 

< Accessory. 

Against State. 

’ Treason. 

Illegal voting. 

Bribery. 

- Aiding a prisoner to escape. 
Counterfeiting. 

Forging public records. 

. Perjury. 


of ward. 







MUNICIPAL LAW 


221 


CRIMES— Continued. 

Against Persons. 

Suicide. 


Homicide 

Assault 
. Robbery. 


J Murder 
[ Manslaughter 
With intent 
and battery. 


j 1st degree 

< 2d degree j Excusable and 

f Justifiable Homicide. 

< To kill. 

< To commit a felony. 

t 


Against Property. 


Arson. 

Burglary. 

Larceny 


Grand. 

Petit. 


Against Public Decency and Morals (Bigamy). 
III. ARREST: 

With a warrant. 

Without a warrant. 





APPENDIX I 


THE DECLARATION OF INDEPENDENCE 

In Congress , July 4, 1776 

The Unanimous Declaration of the Thirteen United States of 

America 

When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the Powers of the earth, the separate 
and equal station to which the laws of nature and of nature’s God en¬ 
title them, a decent respect to the opinions of mankind requires that 
they should declare the causes which impel them to the separation. 

We hold these truths to be self-evident: that all men are created 
equal, that they are endowed by their Creator with certain inalienable 
rights; that among these are life, liberty, and the pursuit of happiness. 
That to secure these rights, governments are instituted among men, 
deriving their just powers from the consent of the governed; that 
whenever any form of government becomes destructive of these ends, 
it is the right of the people to alter or to abolish it, and to institute a new 
government, laying its foundation on such principles, and organizing 
its powers in such form, as to them shall seem most likely to effect 
their safety and happiness. Prudence, indeed, will dictate that gov¬ 
ernments long established should not be changed for light and transient 
causes; and accordingly all experience hath shown that mankind are 
more disposed to suffer, while evils are sufferable, than to right them¬ 
selves by abolishing the forms to which they are accustomed. But 
when a long train of abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under absolute despotism, 
it is their right, it is their duty, to throw off such government, and to 
provide new guards for their future security.—Such has been the patient 
sufferance of these colonies; and such is now the necessity which con¬ 
strains them to alter their former systems of government. The history 
of the present king of Great Britain is a history of repeated injuries 


224 THE DECLARATION OF INDEPENDENCE 


and usurpations, all having in direct object the establishment of an 
absolute tyranny over these States. To prove this, let facts be sub¬ 
mitted to a candid world. 

He has refused his assent to laws the most wholesome and necessary 
for the public good. 

He has forbidden his governors to pass laws of immediate and press¬ 
ing importance, unless suspended in their operation till his assent 
should be obtained; and when so suspended, he has utterly neglected 
to attend to them. 

He has refused to pass other laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
representation in the legislature, a right inestimable to them and for¬ 
midable to tyrants only. 

He has called together legislative bodies at places unusual, uncom¬ 
fortable, and distant from the depository of their public records, for 
the sole purpose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing, with 
manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others 
to be elected; whereby the legislative powers, incapable of annihila¬ 
tion, have returned to the people at large for their exercise; the State 
remaining, in the meantime, exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavored to prevent the population of these States; for 
that purpose obstructing the laws for naturalization of foreigners; re¬ 
fusing to pass others to encourage their migration hither, and raising 
the conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies without 
the consent of our legislatures. 

He has affected to render the military independent of and superior 
to the civil power. 

He has combined with others to subject us to a jurisdiction foreign 
to our constitution, and unacknowledged by our laws; giving his assent 
to their acts of pretended legislation : 

For quartering large bodies of armed troops among us : 


THE DECLARATION OF INDEPENDENCE 225 


For protecting them, by a mock trial, from punishment for any mur¬ 
ders which they should commit on the inhabitants of these States : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits of trial by jury : 

For transporting us beyond seas to be tried for pretended offenses : 

For abolishing the free system of English laws in a neighboring prov¬ 
ince, establishing therein an arbitrary government, and enlarging its 
boundaries, so as to render it at once an example and fit instrument 
for introducing the same absolute rule into these colonies : 

For taking away our charters, abolishing our most valuable laws, and 
altering fundamentally the forms of our government : 

For suspending our own legislatures, and declaring themselves in¬ 
vested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his pro¬ 
tection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries 
to complete the works of death, desolation and tyranny, already begun, 
with circumstances of cruelty and perfidy scarcely paralleled in the 
most barbarous ages, and totally unworthy the head of a civilized 
nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored 
to bring on the inhabitants of our frontiers, the merciless Indian sav¬ 
ages, whose known rule of warfare is an undistinguished destruction of 
all ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned for redress 
in the most humble terms : our repeated petitions have been answered 
only by repeated injuries. A prince, whose character is thus marked 
by every act w T hich may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting in attention to our British brethren. We 
have warned them, from time to time, of attempts by their legislature 
to extend an unwarrantable jurisdiction over us. We have reminded 
them of the circumstances of our emigration and settlement here. We 
have appealed to their native justice and magnanimity, and we have 
conjured them by the ties of our common kindred to disavow these 
15 


226 THE DECLARATION OF INDEPENDENCE 


usurpations, which would inevitably interrupt our connections and 
correspondence. They too have been deaf to the voice of justice and 
of consanguinity. We must, therefore, aquiesce in the necessity which 
denounces our separation, and holds them, as we hold the rest of man¬ 
kind, enemies in war, in peace friends. 

We, therefore, the Representatives of the United States of America, 
in general Congress assembled, appealing to the Supreme Judge of the 
world for the rectitude of our intentions, do, in the name, and by 
authority of the good people of these colonies, solemnly publish and 
declare, That these United Colonies are, and of right ought to be, free 
and independent States; that they are absolved from all allegiance to 
the British crown, and that all political connection between them and 
the State of Great Britain is, and ought to be, totally dissolved; and 
that, as free and independent States, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, and to do all 
other acts and things which independent States may of right do. And 
for the support of this declaration, with a firm reliance on the protection 
of Divine Providence, we mutually pledge to each other our lives, our 
fortunes, and our sacred honor. 

John Hancock. 

New Hampshire —Josiah Bartlett, Wm. Whipple, Matthew Thornton. 

Massachusetts Bay —Sami. Adams, John Adams, Robt. Treat Paine, 
Elbridge Gerry. 

Rhode Island —Step. Hopkins, William Ellery. 

Connecticut —Roger Sherman, Sam’el Huntington, Wm. Williams, 
Oliver Wolcott. 

New York —Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis Morris. 

New Jersey —Richd. Stockton, Jno. Witherspoon, Fras. Hopkinson, 
John Hart, Abra. Clark. 

Pennsylvania —Robt. Morris, Benjamin Rush, Benja. Franklin, John 
Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James Wilson, Geo. Ross. 

Delaware —Ca?sar Rodney, Geo. Read, Tho. M’Kean. 

Maryland —Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll of 
Carrollton. 

Virginia —George Wythe, Richard Henry Lee, Th. Jefferson, Benja. 
Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, Carter Braxton. 

North Carolina —Wm. Hooper, Joseph Hewes, John Penn. 

South Carolina —Edward Rutledge, Thos. Heyward, Junr., Thomas 
Lynch, Junr., Arthur Middleton. 

Georgia —Button Gwinnett, Lyman Hall, Geo. Walton. 


APPENDIX II 


DELEGATES TO THE CONSTITUTIONAL CONVENTION 


Those with numbers before their names signed the Constitution, 
while those whose names are in italics were appointed delegates, 
but did not attend the Convention. 


1 . 


New Hampshire. 

John Langdon. 2. Nicholas Gilman. 

John Pickering. Benjamin West. 


Massachusetts. 

Francis Dana. 3. Nathaniel Gorham. 

Elbridge Gerry. 4. Rufus King. 

Caleb Strong. 

Rhode Island (no appointment). . 


Connecticut. 

5. William S. Johnson. ’ 6. Roger Sherman. 

Oliver Ellsworth. 


New York. 

Robert Yates. 7. Alexander Hamilton. 

John Lansing. 


New Jersey. 

8. William Livingston. 10. William Patterson. 

9. David Brearly. John Neilson. 

William C. Houston. Abraham Clarke. 

11. Jonathan Dayton. 


Pennsylvania. 

12. Benjamin Franklin. 16. Thomas Fitzsimons. 

13. Thomas Mifflin. 17. Jared Ingersoll. 

14. Robert Morris. IB. James Wilson. 

15. George Clymer. 19. Gouverneur Morris. 


228 DELEGATES TO CONSTITUTIONAL CONVENTION 


Delaware. 

20. George Read. 22. John Dickinson. 

21. Gunning Bedford, Jr. 23. Richard Bassett. 

24. Jacob Broom. 


Maryland. 


25. James McHenry. 27. 

Daniel Carroll. 

26. Daniel of St. Thomas 

John Francis Mercer. 

Jenifer. 

Luther Martin. 

Virginia. 


28. George Washington. 

George Mason. 

Patrick Henry (declined). 

George Wythe. 

Edmund Randolph. 

James McClurg (in the 

29. John Blair. 

room of P. Henry). 

30. James Madison, Jr. 



North Carolina. 

Richard Caswell (resigned). Willie Jones (declined). 

Alexander Martin. 32. Richard D. Spaight. 

William R. Davie. 33. Hugh Williamson (in 

31. William Blount (in the the room of W. 

room of R. Caswell). Jones). 

SctoTH Carolina. 

34. John Rutledge. 36. Charles Pinckney. 

35. Charles C. Pinckney. 37. Pierce Butler. 

Georgia. 

38. William Pew. George Walton. 

39. Abraham Baldwin. William Houston. 

William Pierce. Nathaniel Pendleton. 


APPENDIX III 


CONSTITUTION OF THE UNITED STATES 

PREAMBLE. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 


ARTICLE I. LEGISLATIVE DEPARTMENT. 

Section 1. Congress in General. 

All legislative powers herein granted shall be vested in a Congress of 
the United States, which shall consist of a Senate and House of Rep¬ 
resentatives. 


Section 2. House of Representatives. 

1. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the 
electors in each State shall have the qualifications requisite for electors 
of the most numerous branch of the State legislature. 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three fifths of all 
other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and 


230 CONSTITUTION OF THE UNITED STATES 


within every subsequent term of ten years, in such manner as they shall 
by law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one Repre¬ 
sentative; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, New 
York six, New Jersey four, Pennsylvania eight, Delaware one, Mary¬ 
land six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and other 
officers ; and shall have the sole power of impeachment. 

Section 3. Senate. 

1. The Senate of the United States shall be composed of two Sena¬ 
tors from each State, chosen by the legislature thereof, for six years; 
and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class, at the expiration 
of the fourth year, and of the third class, at the expiration of the sixth 
year, so that one third may be chosen every second j^ear; and if vacancies 
happen by resignation, or otherwise, during the recess of the legislature 
of any State, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill such 
vacancies. 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President 
pro tempore, in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 


CONSTITUTION OF THE UNITED STATES 231 


When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the concurrence 
of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States; but the party con¬ 
victed shall nevertheless be liable and subject to indictment, trial, 
judgment and punishment, according to law. 

Section 4. Both Houses. 

1. The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State by the legisla¬ 
ture thereof; but the Congress may at any time by law make or alter 
such regulations, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Section 5. The Houses Separately. 

1. Each house shall be the judge of the elections, returns and quali¬ 
fications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance of absent 
members, in such manner, and under such penalties as each house may 
provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy ; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Section 6. Privileges and Disabilities of Members. 

1. The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the Treasury 


232 CONSTITUTION OF THE UNITED STATES 


of the United States. They shall in all cases, except treason, felony 
and breach of the peace, be privileged from arrest during their attend¬ 
ance at the session of their respective houses, and in going to and re¬ 
turning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time, and no person 
holding any office under the United States, shall be a member of either 
house during his continuance in office. 


Section 7. Mode of Passing Laws. 

1. All bills for raising revenue shall originate in the House of Repre¬ 
sentatives ; but the Senate may propose or concur with amendments 
as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the Presi¬ 
dent of the United States; if he approve he shall sign it, but if not he 
shall return it, with his objections to that house in which it shall have 
originated, w r ho shall enter the objections at large on their journal, and 
proceed to reconsider it. If after such reconsideration two thirds of 
that house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, 
and if approved by two thirds of that house, it shall become a law. But 
in all such cases the votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays ex¬ 
cepted) after it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Congress by their adjourn¬ 
ment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the * 
United States; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 


CONSTITUTION OF THE UNITED STATES 233 


Section 8. Powers granted to Congress. 

The Congress shall have power: 

1. To lay and collect taxes, duties, imposts and excises to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrection and repel invasions; 

16. To provide for organizing, arming, and disciplining, the militia, 
and for governing such part of them as may be employed in the ser¬ 
vice of the United States, reserving to the States respectively, the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of partic¬ 
ular States, and the acceptance of Congress, become the seat of the 
Government of the United States, and to exercise like authority over 


234 CONSTITUTION OF THE UNITED STATES 


all places purchased by the consent of the legislature of the State 
in which the same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings; and 

18. To make all laws which shall be necessary and proper for carry¬ 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the Government of the United States, or in 
any department or officer thereof. 

Section 9. Powers denied to the United States. 

1. The migration or importation of such persons as any of the States 
now existing shall think proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor¬ 
tion to the census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall vessels 
bound to, or from, one State, be obliged to enter, clear, or pay duties 
in another. 

7. No money shall be drawn from the Treasury, but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign State. 

Section 10. Powers denied to the States. 

1. No State shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts; 


CONSTITUTION OF THE UNITED STATES 235 


pass any bill of attainder, ex post facto law, or law impairing the obli¬ 
gation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any im¬ 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws; and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the Treasury of the United States; and all such laws 
shall be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 


ARTICLE II. EXECUTIVE DEPARTMENT. 

Section 1. President and Vice President. 

1. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four 
years, and, together with the Vice President, chosen for the same term, 
be elected as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number 
of Senators and Representatives to which the State may be entitled 
in the Congress; but no Senator or Representative, or person holding 
an office of trust or profit under the United States, shall be appointed 
an elector. 

3. (The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an inhabitant 
of the same State with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of govern¬ 
ment of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the whole num¬ 
ber of electors appointed; and if there be more than one who have such 
majority, and have an equal number of votes, then the House of Rep- 


236 CONSTITUTION OF THE UNITED STATES 


resentatives shall immediately choose by ballot one of them for Presi¬ 
dent; and if no person have a majority, then from the five highest on 
the list the said House shall in like manner choose the President. But 
in choosing the President, the votes shall be taken by States, the repre¬ 
sentation from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to a choice. In 
every case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice President. 
But if there should remain two or more who have equal votes, the 
Senate shall choose from them by ballot the Vice President. [Super¬ 
seded by Amendment XII.]) 

4. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall be 
the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of the 
United States, at the time of the adoption of this Constitution, shall be 
eligible to the office of President; neither shall any person be eligible 
to that office who shall not have attained to the age of thirty five 
years, and been fourteen years a resident within the United States. 

6. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President, and the Congress 
may by law provide for the case of removal, death, resignation or 
inability, both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall be elected. 

7. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or 
any of them. 

8. Before he enter on the execution of his office, he shall take the 
following oath or affirmation: 

* 1 I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will to the best of my 
ability preserve, protect and defend the Constitution of the United 
States.” 

Section 2. Powers of the President. 

1. The President shall be Commander in Chief of the army and navy 


CONSTITUTION OF THE UNITED STATES 237 


of the United States, and of the militia of the several States, when called 
into the actual service of the United States; he may require the opinion, 
in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices, and 
he shall have power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and consent 
of the Senate, shall appoint ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by 
law vest the appointment of such inferior officers, as they think 
proper, in the President alone ; in the courts of law, or in the heads of 
departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Section 3. Duties of the President. 

He shall from time to time give to the Congress information of the 
state of the Union, and recommend to their consideration such meas- 
ures as he shall judge necessary and expedient; he may, on extra¬ 
ordinary occasions, convene both houses, or either of them, and in case 
of disagreement between them, with respect to the time of adjourn¬ 
ment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers ; he shall 
take care that the laws be faithfully executed, and shall commission 
all the officers of the United States. 

Section 4. Impeachment. 

The President, Vice President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and convic¬ 
tion of, treason, bribery, or other high crimes and misdemeanors. 


ARTICLE III. JUDICIAL DEPARTMENT. 

Section 1. United States Courts. 

The judicial power of the United States, shall be vested in one 


238 CONSTITUTION OF THE UNITED STATES 


Supreme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior, 
and shall, at stated times, receive for their services, a compensation, 
which shall not be diminished during their continuance in office. 


Section 2. Jurisdiction of the United States Courts. 

1. The judicial power shall extend to all cases, inlaw and equity, 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers and consuls ; to 
all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies between 
two or more States; between a State and citizens of another State; 
between citizens of different States, between citizens of the same State 
claiming lands under grants of different States, and between a State, 
or the citizens thereof, and foreign States, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men¬ 
tioned the Supreme Court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions, and under such regulations as 
the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crime 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 


Section 3. Treason. 

1. Treason against the United States, shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession 
in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 


CONSTITUTION OF THE UNITED STATES 239 


ARTICLE IV. THE STATES AND THE FEDERAL 
GOVERNMENT. 

Section 1. State Records. 

Full faith and credit shall be given in each State to the public acts, 
records, and judicial proceedings of every other State. And the Con¬ 
gress may by general laws prescribe the manner in which such acts, 
records and proceedings shall be proved, and the effect thereof. 

Section 2. Privileges of Citizens, etc. 

1. The citizen of each State shall be entitled to all privileges and 
immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, shall, 
on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor 
may be due. 

Section 3. New States and Territories. 

1. New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction of 
any other State; nor any State be formed by the junction of two or 
more States, or parts of States, without the consent of the legislatures 
of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or of 
any particular State. 

Section 4. Guarantee to the States. 

The United States shall guarantee to every State in this Union a 
republican form of government, and shall protect each of them against 
invasion, and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against domestic violence. 


240 CONSTITUTION OF THE UNITED STATES 


ARTICLE V. POWER OF AMENDMENT. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; provided that no amend¬ 
ments which may be made prior to the year one thousand eight hun¬ 
dred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, without its con¬ 
sent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE 
CONSTITUTION, OATH OF OFFICE, RELIGIOUS TEST. 

1. All debts contracted and engagements entered into, before the 
. adoption of this Constitution, shall be as valid against the United 

States under this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof ; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary 
notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and judicial 
officers, both of the United States and of the several States, shall be 
bound by oath or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 


ARTICLE VII. RATIFICATION OF THE CONSTITUTION. 

The ratification of the convention of nine States, shall be sufficient 
for the establishment of this Constitution between the States so 
ratifying the same. 


CONSTITUTION OF THE UNITED STATES 241 


AMENDMENTS. 

ARTICLE I. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to as¬ 
semble, and to petition the government for a redress of grievances. 

ARTICLE II. 

A well-regulated militia, being necessary to the security of a free 
state, the right of the people to keep and bear arms, shall not be 
infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house, without 
the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue, but upon probable cause, sup¬ 
ported by oath or affirmation, and particularly describing the place 
to be searched, and the person or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger; nor shall any person 
be subject for the same offense to be twice put in jeopardy of life or 
limb; nor shall be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for public use 
without just compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall 

16 


242 CONSTITUTION OF THE UNITED STATES 


have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no 
fact tried by a jury, shall be otherwise reexamined in any court of the 
United States, than according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respec¬ 
tively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens 
or subjects of any foreign State. 

ARTICLE XII. 

1. The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves; they shall 
name in their ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President, and they shall make 
distinct lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the seat of 


CONSTITUTION OF THE UNITED STATES 243 


the government of the United States, directed to the President of the 
Senate; the President of the Senate shall, in the presence of the Sen¬ 
ate and House of Representatives, open all the certificates and the 
votes shall then be counted; the person having the greatest number 
of votes for President, shall be the President, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two-thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi¬ 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act 
as President, as in the case of the death or other constitutional 
disability of the President. 

2. The person having the greatest number of votes as Vice-President, 
shall be the Vice-President, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a majority of the whole number 
shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction. 

2. Congress shall have authority to enforce this article by appro¬ 
priate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of life, liberty, 


244 CONSTITUTION OF THE UNITED STATES 


or property, without due process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of 
persons in each State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President 
and Vice President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, or 
elector of President and Vice President, or hold any office, civil or 
military, under the United States, or under any State, who, having 
previously taken an oath, as a member of Congress, or as an officer of 
the United States, or as a member of any State legislature, or as an 
executive or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two-thirds of each house, remove such 
disability. 

4. The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci¬ 
pation of any slave; but all such debts, obligations, and claims shall be 
held illegal and void. 

5. The Congress shall have power to enforce, by appropriate legis¬ 
lation, the provisions of this article. 

ARTICLE XV. 

1. The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on account 
of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by appro 
priate legislation. 


CONSTITUTION OF THE UNITED STATES 245 


ARTICLE XVI. 

The Congress shall have power to lay and collect taxes on incomes, 
from whatever source derived, without apportionment among the several 
States, and without regard to any census or enumeration. 


ARTICLE XVII. 

The Senate of the United States shall be composed of two Senators 
from each State, elected by the people thereof, for six years; and each 
Senator shall have one vote. The electors in each State shall have the 
qualifications requisite for electors of the most numerous branch of the 
State legislatures. 

When vacancies happen in the representation of any State in the 
Senate, the executive authority of such State shall issue writs of election 
to fill such vacancies: Provided , That the legislature of any State may 
empower the executive thereof to make temporary appointments until 
the people fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or 
term of any Senator chosen before it becomes valid as part of the Con¬ 
stitution. 


INDEX 


PAGE 

Acceptor. # . 211 

Accessory to a crime.215 

Actions, Civil. 163 

Acts of Trade,. 25 

Adjournment. See Congress. 

Admiralty Law. 162 

Administrators. 213 

Admission of new States. 178 

Agency. 209 

Aliens. 192 

Ambassadors... 137 

Amendment XII. 123 

Amendment XIII. 187 

Amendment XIV. 61 

Amendment XV. 188 

Amendments. 182, 183 

Amnesty. ; . 132 

Annapolis Convention. 40 

Annual Message . 148 

Appointments. 129 

Apportionment. 60 

Appropriations.:. 109 

Arbitration, International. 193 

Aristocracy .10, 12 

Armistice.133, 196 

Army. 102 

salaries and terms of officers of 169 

Arrest. 217 

Arson,. 217 

Articles of Confederation,, adopted. 32 

attempts to amend. 39 

government under. 39 

outline of. 35 

Articles of Impeachment. 156 

Assaults.215, 216 

Attainder, Bills of. 109 

Attorney-General. 145 

Autocracy. 10 

Bail. 186 

Bailment. 209 

Bank. 142 

Bankrupt. 100 

Bankruptcy. 100 

Law defined. 100 

National, Laws. 99 

proceedings in. 100 

State, Laws. 101 

Belligerency, Recognition of. 196 

Belligerents,. 194 

Communications between. 195 

Obligations of neutrals and, to 

each other. 196 

Bigamy. 217 

Bill, Joint. 79 

of Pains and Penalties....... 110 


Bill of Rights, 

American... 

English. 

Bills. 

tor raising revenue. 

passed over “President’s veto 

of Attainder. 

of Credit. 

of Exchange:. 

Blockade. 

Bond and Mortgage. 

Borrowing power of Congress. 

Bribery. 

Burglary. 


PAGE. 

. 183 
. 23 

. 77 

. 116 
” 119 
. 109 
. 112 
. 211 
. 197 
. 207 
. 88 
. 158 
. 217 


Cabinet, appointment of. 134 

defined. 7 

in England and United States . 135 

meetings of. 135 

origin of. 134 

Call of the House. 74 

Capture at Sea. 196 

Cartels. 195 

Caveat. 93 

Census.62, 66, 147 

Cession. 191 

Charges d’Affaires. 138 

Charter Governments. 43 

Charter of Liberties. 20 

Plymouth and London Com¬ 
panies . 22 

Charters of Corporations.210 

Chattel Mortgages. 208 

Chattels. 203 

Checks. 211 

Circuit Courts, 

circuits and judges of. 160 

original jurisdiction of. 165 

Circuit Courts of Appeal, 

composition of. 16( 

jurisdiction of. 16* 

Citizens. It 

effect of war on. 19« 

rights of.. .. ..98, 17. 

Citizenship, determination of. O' 1 

National. 9<> 

of resident of a Territory. 177 

Civil Action. 163 

Civil Officers defined. 157 

Civil Rights. 202 

Civil Service Act... 130 

Civil Service Reform. 130 

Civil War defined. 194 

Classified Civil Service.130,142 

Clearance of Vessels. 86 

Coast Survey. 147 

Codicils.212 









































































































INDEX 


247 


PAGE 

Coinage, State not to engage in. ,.. 112 
under direction of Treasury 

Department. 141 

Collateral Security. 207 

Collectors of Customs. 84 

Collection of Revenues.84, 141 

Colonial Governments. 42 

Colonies, Classification of. 42 

Commerce. 85 

Commerce, Colonial,. 25 

demoralized state of. 40 

Commerce, Interstate. 87 

Commercial Agents. 140 

Commissions, International. 193 

Commissioner of Labor. 147 

Committee of States. 35 

Committee of the Whole. 78 

Committees in Congress.75, 77 

Committees of Correspondence.... 28 

Common Law defined. 162 

Commons, House of, first. 21 

permanently established. 22 

Commonwealth. 13 

Commutation of Sentence. 132 

Concurrent Resolution. 79 

Confederacies defined. 9 

monarchical. 15 

republican. 16 

Confederacy, Executive of the. . . . 120 
Confederation, Articles of. See 
Articles of Confederation. 

Conference Committees. 80 

Confiscation. 7 

Congress. 56 

adjournments of, limited .... 71 

committees of. 75 

constitutionality of acts of .. 80 

detention of members of. 70 

executive departments created 

by. 134 

general powers of. 105 

Houses of, contrasted. 64 

implied powers of. 105 

interaction of Houses of..... . 79 

journals of. 79 

legislative powers of. 80 

Librarian of. 147 

limitations on powers of. 80 

organization and method of 

work of. 71 

place of meeting of. 63 

power of, over acquired terri¬ 
tory. 176 

power of, over jurisdiction of 

courts. 165 

power of President to convene. 134 
power of, to admit new States . 178 
prohibitions on legislation of. . 107 

relations of President to. 117 

representation in.58, 62 

sessions of. 62 

territorial delegates in. 68 

See alto Continental Congress; 
House of Representatives; 
Representatives; Senate; Sen¬ 
ators. 

Congress of the Confederacy. 35 


Congress, Stamp Act. 

PAGE 

Congressional Districts.. 

...64, 65 

Congressional Record. 


79 

Connecticut Compromise. 


57 

Conscription .. 


ti 

Consideration. 


206 

Constitution defined. 


.7, 8 

Constitution, Federal, difference be- 


tween Confederation and... . 

54 

method of amending. 


182 

objections to. 


50 

origin of. 


52 

preamble to. 


52 

ratification of. 


182 

ratified... 


51 

Constitutional Convention called.. . 

40 

prominent delegates to.. 


46 

statesmen absent from. . . 


48 

Constitutionality. 


80 

Consular Agent s. 


140 

Consular Service. 


139 

grades of. 


139 

Consuls. 


140 

Consul s-General. 


140 

Continental Congress, First. . 


29 

Continental Congress, Second. 


30 

Contraband of War. 


197 

Contracts. 

.113,205 

conditions necessary for. . 


205 

obligation of, not to be 

im- 


paired by States. 


113 

of agency. 


209 

of indorsement. 


211 

of insurance. 


210 

of marriage. 


213 

of partnership. 


209 

of sale. 


208 

oral. 


206 

under seal . 


206 

violations of. 


212 

written. 


206 

Convention (treaty). 


132 

Copyrights. 


93 

infringement of. 


94 

issued by Librarian of 

Con- 


gress . 


147 

method of securing. 


94 

Corporations. 


210 

Council of State. 


7 

Counterfeiting. 


90 

Court of Claims. 


161 

jurisdiction of. 


166 

Court of Impeachment. See 

Im- 


peachment. 

Court Officers. 


161 


Courts. See Supreme Court; In¬ 
ferior Courts; District Courts; 
Circuits Courts; Circuit Courts of 
Appeal; Court of Claims. 


Crime. 215 

a capital, defined. 185 

an infamous, defined. 185 

Crimes, against persons. 216 

against property. 217 

against the state.215 

Criminal Action. 163 

trial by jury in. 165 














































































































248 


INDEX 


PAGE 

Crown Colonies. 42 

Custom Houses. 84 

Customs, See Duties. 

Debate, Freedom of. 71 

Declaration of Independence. 31 

Declaratory Act. 27 

Deeds... 206 

recording.206, 208 

Delegates to Congress. 68 

Democracy defined. 13 

pure. 13 

representative. 13 

Department of Agriculture. 146 

of Justice. 145 

of State. 136 

of the Interior. 146 

Despotism. 10 

Diplomacy. 137 

, Diplomatic Agents.. .. 137 

Diplomatic Commissioners. 138 

Diplomatic Privileges. 138 

Diplomatic Relations, severance of. 139 

Diplomatic Service. 137 

Direct Taxes levied.... 85 

Directors of Corporations........ 210 

District Attorneys. 161 

District Courts.160 

original jurisdiction of. 165 

District of Columbia. 178 

Divorce. 213 

Domiciled Alien. 192 

Drafts. 211 

Duties, collection of. 84 

export, prohibited. 88 

specific and ad valorem. 83 

States not to levy certain. ... 114 
tonnage. 114 


Election, of President and Vice- 

President.121, 128 

of Presidential electors. 124 

of Senators and Representa¬ 
tives. 64 

Elections, Review of. 68 

Electoral College. See Presi¬ 
dential Electors. 

Electoral Votes, Counting of. 125 

Emb argoes. 194 

Eminent Domain, Right of. 187 

Entry of Vessels. 86 

Equity. 162 

Estate. 203 

for life. 203 

for years. 204 

in dower. 204 

in fee.203 

Estates in personal property. 204 

in real property. 203 

Eviction. 204 

Excises.83, 85 

Executive.120 

fear of, in State governments. . 44 

number of. 121 

reason for a separate . 120 

under the Confederation. 120 


PAGE 

Executive Departments created by 


Congress. 134 

official heads of. 136 

when created. 135 

See also under their respective 
names. 

Executive Function. 7 

Executive Sessions. 131 

Executors. 213 

Exequaturs. 139 

Expatriation. 192 

Ex Post Facto Laws. 110 

prohibited. 109 

Extradition.173, 192 

Federal, Meaning of. 49 

Federal Governments.'..... 9 

Federal Principle... 17 

Federal Territory.104, 174 

Federalist, The. 51 

Felonies... 215 

Filibustering. 78 

Foreclosure of a Mortgage. 207 

Franchise.203,210 

Frank and franking privilege. 92 

Franklin, Benjamin. 47 

Fraud. 215 

Free Coinage. 144 

Freedmen. 188 

Freedom of Religion and Press. ... 183 

Free Trade. 84 

Fugitive Slaves. 173 

Fugitives from Justice.173,192 

Gerrymandering. 66 

Government. 5, 6 

branches of. 7 

in a republic. 14 

ministry termed. 7 

of a State. See State Gov¬ 
ernments. 

of a Territory. 176 

of District of Columbia. 178 

plans of, discussed in Consti¬ 
tutional Convention ....... 48 

powers of. 6 

revolutionary, defined. 32 

system of, under Confederation 

35, 39 

Governments. 9 

aristocratic. 12 

confederated. 9 

democratic. 13 

hierarchical. 12 

monarchical. 10 

patriarchal. 10 

single. 9 

theocratic. 10 

Governments of the Colonies. 42 

Grand Jury. 185 

Grand Larceny. 217 

Grantee. 206 

Grantor. 206 

Greenbacks. 144 

Guarantor. 208 

Guaranty. 208 


















































































































INDEX 


249 


PAGE 


Guardians . 214 

Habeas Corpus. 22 

not to be suspended. 108 

Habeas Corpus Act. 22 

Hamilton, Alexander. 47 

Hierarchies. 12 

High Crimes. 158 

High Seas.95, 191 

Hostilities, Conduct of. 195 

Homicide. 216 

House of Commons. See Commons, 
House of. 

House of Representatives. 56 

change in. 63 

Committee of the Whole in... 78 

committees of. 75 

drawing seats in. 75 

formalities of organization of. . 74 

increase in membership of.... 62 

officers of. 72 

rules of. 77 

special powers of. 116 

similarity of, to House of Com¬ 
mons. 72 

Husband and Wife. 213 


Impeachment. 156 

conviction under an. 158 

grounds of. 158 

House’s sole power of. 117 

origin of. 157 

power of. 155 

procedure on. 157 

Senate’s sole power to try cases 

of. 117 

Implied Powers of Congress. 105 

Imposts. See Duties. 

Inauguration of President. 125 

Indictment . 185 

Indorsement. 211 

Inferior Courts. 159 

jurisdiction of. 165 

Insolvent. 100 

Inspectors of Customs. 84 

Insurance. 210 

policy of. 211 

Internal Revenue.. . . .. 85 

International Arbitration ... 193 

International Commissions. 193 

International Law. 190 

Interstate Commerce. 87 

Interstate Commerce Commission.. 147 

Intervention. 191 

Intestate.212 

Joint Bill . . .. 79 

Joint Resolution . . ... 79 

Joint High Commissions. 193 

Journals of Congress. . . .. 79 

Judgments of one State in another. 172 

Judicial Function defined. 7 

Judiciary. 154 

divisions of. 156 

establishment of. 155 

independence of. 155 

limitations cn. 163 


PACfJS 

Judiciary, necessity of a National. 154 

of the Confederacy. 154 

Jurisdiction. 162 

appellate. 162 

concurrent. 162 

limitations of, as to parties. . . 163 
limitations of, as to penalties. 164 
limitations of, as to subject. . 163 

of Circuit Courts. 165 

of Circuit Courts of Appeal... 166 

of Court of Claims. 166 

of District Courts. 165 

of Supreme Court. 164 

original. 162 

Jurisprudence, Origin of American. 162 

Jury Trial, in civil suit. 187 

in criminal action.165,186 

Landlord. 204 

Larceny. 217 

Law. 4,5 

admiralty. 162 

common. 162 

military. 103 

municipal.202 

Salic. 11 

statute. 162 

supreme, of the land. 181 

unwritten. 162, 202 

written. 162, 202 

Laws of Nations. 95, 190 

Laws, making, interpreting and en¬ 
forcing . 7 

Lease. 204 

Legal Tender. 143 

States not to make anything, 

but gold and silver. 112 

Legislation, method of... 77 

Lee, Richard Henry, Resolution by. 30 


Legislative Powers. See Congress. 
Legislature, National. See Con- 
gress. 

Lessee. 204 

Lessor. ; .204 

Letters of Marque and Reprisal... 196 
not to be granted by States. .. 112 

Letters Patent. 93 

Libel.202,215 

Liberty, Personal. 203 

Librarian of Congress. 147 

Liens. 212 

mechanics’.. 212 

Life-saving Service. 142 

Lighthouse Service. 147 

Locatio..209 

Long Session... 63 

Loose Constructionists.... 81 • 

Mace. 73 

Madison, James. 46 

Magna Charta. 20 

Mails, use of, limited .. 92 

Manslaughter. 216 

Marriage. 213 

Master and Servant..214 

Mechanic’s Liens. 212 











































































































250 


INDEX 


PAGE 


Messages of President. 148 

Military Law. 103 

Military Powers of Congress. 101 

of President.129 

Militia. 103 

Ministers Plenipotentiary. 137 

Resident. 138 

Ministry defined.,.. 7 

Mints... 90 

Misdemeanors.158, 215 

Mixed Commissions. 193 

Monarchies. 10 

absolute. 10 

constitutional. 11 

division of, as to powers. 10 

division of, as to succession ... 11 

elective. 11 

hereditary. 11 

limited. 11 

Monetary System. 89 

Monroe Doctrine. 191 

Morris, Gouverneur. 48 

Mortgagee. 207 

Mortgages. 207 

chattel. 208 

foreclosure of. 207 

recording.208 

Mortgagor.207 

Municipal Law. 202 

Murder. 216 

Nation defined. 4 

National Banks.. .. 142 

government supervision of.... 143 
liabilities of stockholders of... 143 

organization of. 142 

National Bank Notes. 144 

issuance of. 142 

National Credit. 181 

National Income. 85 

National Protection of States. 170 

Naturalization.97, 192 

Navy. 102 

Navy Department. 145 

Negotiable Paper. 211 

Neutral Trade. 197 

Neutrality. 196 

Neutrals. 194 

obligations of, and belligerents 

to each other. 196 

New Jersey Plan. 49 

Congress in the. 57 

Nobility. 10 

titles of, prohibited. Ill 

Norman Conquest, Effect of. 19 

Northwest Territory. 34 

delays ratification of Articles.. 33 

influence of, on Union. 40 

New York cedes claims to.... 34 

Virginia cedes claims to. 34 


Oath... 69 

Iron Clad. 69 

of Federal and State officers. . 

# 69,75, 182 

Otis, James, on Writs of Assistance. 26 


PAGB 


Pardons... 132 

examined by Attorney General. 145 

Parent and Child. 214 

Parliament in 18th Century. 56 

Partnership. 209 

Passports. 136 

Patent (for land). 204 

Patent, Letters. 93 

Patents. 93 

infringement of. 94 

issuance of. 146 

Peace made by Treaty. 133 

Peers. 21 

Pensions. 146 

People, Powers reserved to. 187 

Person. 163 

Persona Grata. 139 

Persona non Grata. 138 

Personal Liberty... 203 

Personal Property. 203 

Personal Security. 202 

Petit Jury. 186 

Petit Larceny. 217 

Piracy. 95 

Pocket Veto. 119 

Policy of Insurance. 211 

Polygamy. 184 

Ports of Entry. 84 

Postal Service. 91 

Postal Treaties. 149 

Postmaster-General. 149 

Post Office Department. 145 

Post-offices. 92 

Post-roads. 92 

Powers of Congress. 80 

of President. 129 

of Senate and House respec¬ 
tively . 115 

reserved by Constitution. 187 

Preamble. 52 

Preferred Ports. 109 

Presentment. 186 

Presents to Officials Prohibited.... Ill 

Presidency, Succession to. 128 

President . .. .. .. 120 

and legislation. 117 

annual and other messages of.. 148 

appointing power of. 129 

civil powers of. 129 

compensation of. 127 

duties of. 148 

establishment of office of. 121 

impeachment of. 158 

inauguration of. 125 

military power of . 129 

modes of election of. 121 

pardoning power of. 132 

peace and armistice made by. 133 
power of, to conduct foreign 

relations. 132 

power of, to convene Congress. 134 

qualifications of. 12d 

removals by . 131 

sole responsibility of. 149 

term of office of. 125 

veto power of. 1J8 

See also Executive. 





















































































































INDEX 


251 


PAGE 

President pro tempore of Senate. .. 72 

Presidential Electors, 

election of. 124 

meetings of. 124 

Principal and Agent.209 

Principal to a Crime.215 

Privateers. 196 

Prize.. 196 

Prize Courts. 196 

Probate of Wills. 213 

Prohibitions, on Federal Govern¬ 
ment .108 

on Federal and State Govern¬ 
ments .107,109 

on State Governments.112 

Promissory Notes. 211 

Property. 203 

personal. 203 

protection to. 186 

real.203 

Proprietary Governments. 42 

Protection. 84 

Protest of negotiable paper. 212 

Provincial Governments. 42 

Public Lands. See Northwest Ter¬ 
ritory. 

Punishment. 6 

Qualifications of President. 126 

of Representatives. 58 

of Senators. 58 

of voters for Representatives . 67 

Quartering of Troops.26, 184 

Quorum.73, 74 

Ratifications of a Treaty. 133 

Ratio of Representation. 61 

Real Property.203 

Reciprocity. 84 

Registered Vessels. 86 

Rent...203, 204 

Representation, in Congress. 58 

in “free” and “slave” States. 60 

Representatives. 64 

apportionment of. 60 

compensation of. 69 

election of. 66 

House of. See House of Rep¬ 
resentatives. 

not to hold other office. 5.9 

oath of. 69 

qualifications of. 58 

residence of. 67 

salaries and terms of office of. 169 

vacancies in office of. 68 

See also Congress. 

Reprieve. 132 

Reprisals. 194 

Republic.. 13 

government in a. 14 

Resolution of Independence. 30 

Retaliation . 84 

Revenue Cutters. 141 

Revolution, American, cause of... 25 

conditions at close of........ 39 

Revolutionary Government. 32 

Right, of life. 202 


PAGB 

Right, of reputation. 202 

of way.203 

Rights. 4 

absolute.202 

Bill of. See Bill of Rights. 

civil. 202 

of an accused person. 185 

of colonists in America. 22 

relative. 213 

secured by Magna Chart a.... 20 

Risk in Insurance. 211 

Robbery. 216 

Royal Colonies. 42 

Rules of Senate and House. 77 

Rules, International, in time of 

peace. 190 

in time of war. 194 

Salaries. 169 

Sales. 208 

Salic Law. 11 

Search. 207 

Search Warrants. 184 

Secret Service. 141 

Secretary of State. 136 

Secretary of Treasury. 142 

Securities of the United States... 91 

Seignorage. 144 

Senate.... 56 

confirmation of appointments 

by. 129 

committees of. 75 

executive sessions of. 131 

officers of. 72 

president of, the Vice-Presi¬ 
dent . 71 

rules of. 77 

similarity of, to House of Lords. 72 

stability of. 64 

See also Congress. 

Senatorial courtesy. 79 

Senators.. 64 

compensation of .. 69 

election of. 65 

not to hold other office. 59 

oath of. 69 

qualifications of. 58 

terms of.. .. 58 

vacancies in office of. 65 

Sergeant-at-Arms. 73 

Servants. 214 

Sessions of Congress. 62 

Shipping Regulations. 86 

Short Session. 63 

Slander.202, 215 

Slave Trade not to be prohibited 

before 1808. 108 

Slavery. 108 

abolished by Amendment 

XIII . 187 

Stockholders. 210 

Society. 3 

Sovereignty .. 4,5 

recognition of. 190 

Speaker of House. 72 

compensation of . 70 

election of. 74 














































































































252 


INDEX 


PAGE 

Speaker of House, influence of, on 


legislation. 76 

Spoils System. 130 

Stamp Act.26, 27 

Stamp Act Congress. 26 

State defined. 3 

State Bonds. 113 

State Comity. 172 

State Governments,. 171 

change of colonial to. 43 

character of. 43 

modeled on English system... 44 

State Rights. 171 

States, admission of new. 178 

national protection of. 171 

powers reserved to. ... 187 

prohibited from maxing 

treaties, etc. 112 

republican form of govern¬ 
ment .170, 171 

restrictions on and require¬ 
ments of, under Articles.... 37 

Statute Law..162 

Strict Constructionists. 81 

Subjects. 10 

Suffrage. 97 

Suicide. 216 

Supreme Court. 159 

appeals directly to. 166 

jurisdiction of. . 164 

Supreme Law of the Land. 181 

Tariff. 83 

See also Duties. 

Taxation. 81 

federal and state... 87 

restrictions of powers of. 87 

Taxes. 81 

direct .82, 109 

indirect. 82 

limited by Magna Charta. 20 

Tenant. : ... 204 

Territorial Citizenship. 177 

Territorial Governments. 176 

Territorial Judiciary. 177 

Territorial Legislature. 177 

Territorial Officers. 176 

Territorial Rights. 191 

Territorial Waters. 191 

Territories, Delegates to Congress 

from. 68 

Territory,. 191 

acquisition of. 174 

Congressional power over an¬ 
nexed. 176 

Federal.104,174 

Testaments. 212 

Testator.212 

Theocracy. 10 

Title. 204 

abstract of. 207 

by act of the parties. 204 

by descent. 204 

by devise. 204 

by gift. 205 

h y grant. 204 


PAGE 

Title, by last will and testament .. 205 


by operation of law. 205 

by sole act of the owner.205 

Titles of Nobility Prohibited. Ill 

Tonnage Duty. 114 

States not to levy. 114 

Torts. 215 

Townshend Acts.27,28 

Treason. 158 

Treasury Department. 141 

Treasury Notes. 144 

Treaties. 132 

effect of war on. 194 

making of. 133 

of peace. 196 

subjects of. 193 

Truces.195,196 

Trustees of Corporations.210 

Ultimatum. 194 

Uniform Taxes defined. 83 

Union. See Governments, Con¬ 
federated. 

United States Commissioners.161 

United States Marshals. 161 

United States Notes. 144 

Vacancy, in Office of President.... 128 

Representative. 68 

Senator. 65 

Vendee. 208 

Vendor. 208 

Veto. 14 

President’s power of. 118 

use of, in England. 119 

Vice-President. 120 

duties of. 127 

election of.122, 128 

president of Senate. 71 

Virginia Plan.49, 50 

Congress in the. 57 

Visit and Search. 198 

Voters, Qualifications of. 67 

War. 194 

contraband of. 197 

effect of, on citizens. 195 

effect of, on treaties. 194 

War Department. 144 

War of Independence. See Revo¬ 
lution, American. 

Ward. 214 

Warrant of Arrest. 217 

Washington, George.. 46 

Weather Bureau. 146 

Weights and Measures.89,90 

Will, Title by. 205 

Wills. 212 

codicils to. 213 

executors of. 213 

probate of. 213 

Wilson, James. 48 

Writ. 22 

Writs of Assistance. 25 




















































































































































































































































































































































































































































































I 



STATE CAPITOL 
















































SUPPLEMENT TO 


GOVERNMENT: ITS ORIGIN, GROWTH, 
AND FORM IN THE UNITED STATES 

By R. LANSING and G. M. JONES 


THE GOVERNMENT 
OF IOWA 


BY 


DAN ELBERT CLARK, Pii.D. 

• j 

ASSISTANT EDITOR IN THE STATE HISTORICAL SOCIETY OF IOWA 
AND LECTURER IN THE DEPARTMENT OF POLITICAL 
SCIENCE IN THE STATE UNIVERSITY OF IOWA 



SILVER, BURDETT AND COMPANY 


BOSTON 


NEW YORK 


CHICAGO 



Copyright, 1915, by 
SILVER, BURDETT & COMPANY. 


© Cl, A 3!) 17 6 6 

'Kq / 


f 

o 

*v 

* 

«* 

Q 

w 

r* 


CONTENTS 


CHAPTER PAGE 

I. Historical Sketch..7 

II. Schools. 19 

III. Townships .25 

IV. Cities and Towns.31 

V. Counties. 36 

VI. The State — The Legislative DeparTxMent . . 45 

VII. The State — The Executive Department . . 53 

VIII. The State — The Judicial Department ... 64 

IX. Elections.71 

X. Taxation.80 

XI. Roads. 84 

XII. The State Educational System .... 87 

XIII. The Military Force of the State .... 97 

APPENDIX — The Constitution of Iowa .... 100 
INDEX.137 


5 










Senator William S. Kenyon Senator Albert B. Cummins 
G ov. George W. Clarke Supt. Albert M. Deyoe 


THE 


GOVERNMENT OF IOWA 

CHAPTER I 

HISTORICAL SKETCH 

The Indians. — When the white men first saw the 
country which we now call Iowa it was in the posses¬ 
sion of the American Indians. Various Indian tribes 
lived in this region at different times, the principal 
tribes being the Sacs and Foxes, the Sioux, the Ioways, 
the Pottawattamies, and the Winnebagoes. The Sacs 
and Foxes and the Sioux were bitter enemies, and many 
fierce battles were fought between them until the 
United States government stepped in and put an end 
to their warfare. 

Later, when the white people wanted to build homes 
and lay out farms in the Iowa country, the govern¬ 
ment made treaties and bought the land from the 
Indians, who were then removed to reservations in the 
South and West. 

At present the only Indians living in Iowa are the 
Meskwakis, a remnant of the Foxes, who own land in 
Tama County. We have many reminders, however, 
of the Indians who once roamed over this region, for 
many Iowa creeks, rivers, towns, townships, and 
counties have Indian names; while the name “ Iowa ” 
itself is of Indian origin. 


7 


8 


THE GOVERNMENT OF IOWA 


French Explorers. — The first white men to explore 
the upper Mississippi River were two Frenchmen 
— Marquette and Joliet — and they were also the 
first to see the Iowa country. Early in the summer of 
1673 they came paddling down the broad river, and 
on the 25th of June they landed on Iowa soil near the 
mouth of the Iowa River. Here they found a path¬ 
way which they followed some distance inland until 
they came to a village of friendly Indians with whom 
they made a brief visit. It is of this incident that 
Longfellow wrote in Hiawatha when he described the 
visit of the black-robed priest. 

In the years which followed the voyage of Marquette 
and Joliet many other French explorers and fur traders 
came to the Mississippi Valley. In 1682 the brave 
La Salle journeyed down the Mississippi to its mouth 
and took formal possession of the country for France, 
naming it Louisiana in honor of the French king, 
Louis XIV. Father Hennepin, Le Sueur, and other 
Frenchmen explored the Mississippi, while traders and 
trappers made their way up the Des Moines and other 
rivers of eastern Iowa in search of furs. 

Under the Flags of France and Spain. — Thus the 
first white men in the Iowa country were Frenchmen 
who voyaged up and down the Mississippi or traded 
with the Indians; and for many years the land be¬ 
longed to France. In 1734 the French government 
sent an expedition from Montreal against the Sac and 
Fox Indians, and early in the following year a battle 
was fought near the site of the present city of Des 
Moines. 

In 1762 all of the province of Louisiana, including the 


HISTORICAL SKETCH 


9 


Iowa country, was ceded by France to Spain, which 
nation exercised dominion until 1800. 

During these years it was the policy of the Spanish 
government to grant land to men who wanted to make 
settlements, and at least three of these land grants 
were located on Iowa soil. Julien Dubuque, the first 
white settler in Iowa, was granted a strip of land near 
the site of the present city of Dubuque, where he worked 
the lead mines. A man named Louis Honore or Tes- 
son had a farm and an orchard on a Spanish land grant 
in Lee County; and Basil Giard occupied a grant in 
Clayton County. 

In 1800 Napoleon Bonaparte, who was then at the 
height of his power, demanded that Spain give the 
province of Louisiana back to France, and in that year 
the Iowa country once more came under the control 
of the French. 

The Louisiana Purchase. — But in 1803 Napoleon 
was badly in need of money with which to carry on his 
military campaigns. Besides, he did not wish his 
American possessions to fall into the hands of the 
English, who could easily come down from Canada. 
He therefore surprised every one b}^ selling the entire 
province of Louisiana to the United States for about 
fifteen million dollars. Since that memorable year 
the American flag has floated continuously over the 
Iowa country. 

The Lewis and Clark Expedition. — It was in the 

year following the purchase of Louisiana that Lewis 
and Clark made their wonderful expedition to the 
Pacific coast. Passing up the Missouri River, they 
were the first Americans to see the western border 


10 


THE GOVERNMENT OF IOWA 


of Iowa; and Sergeant Charles Floyd, the only man 
who died during the expedition, was buried on Iowa 
soil near the site of the present Sioux City. A splen¬ 
did monument now marks his grave. 

At about this same time Zebulon M. Pike was com¬ 
missioned to explore the upper Mississippi River. He 
stopped several times on Iowa soil, and the journal of 
his expedition furnishes an excellent account of how the 
eastern border of Iowa looked at that time. 

Early Governments. — At first, from 1804 to 1805, 
the United States government included the Iowa coun¬ 
try in what was called the District of Louisiana. 
Then, from 1805 to 1812, it was a part of the territory 
of Louisiana; and from 1812 to 1821 it was embraced 
within the territory of Missouri. From 1821 to 1834 
there was no local government over the Iowa country. 
But as a matter of fact this made very little difference, 
since there were no white people living here permanently, 
and there was little or no need for government. 

The Black Hawk Purchase. — In the year 1832 there 
occurred in Wisconsin and northern Illinois a war, 
known as the Black Hawk War, between the United 
States troops and the Sac and Fox and other Indian 
tribes under the leadership of the famous warrior, 
Black Hawk. After a short but vigorous campaign 
the Indians were defeated. As a result, on September 
21, 1832, a treaty was signed on Rock Island by which 
the Sac and Fox Indians gave up a strip of land about 
fifty miles wide lying along the Mississippi in what is 
now Iowa. This strip of land was known as “ The 
Black Hawk Purchase ” and it was here that the first 
white settlements in Iowa were made. 


HISTORICAL SKETCH 


11 


The First Settlements. — On June 1, 1833, the date 
when the Black Hawk Purchase Treaty went into 
effect, a stream of settlers began to pour across the 
Mississippi into the Iowa country. Soon the land 
which so lately had been the haunt of roving In¬ 
dian tribes was dotted with the farms and cabins of 
American pioneers. Clearings were made in the wood¬ 
lands along the streams, and claims were staked out 
on the prairies; although at first the se.ttlers greatly 
preferred to be near timber land. 

Towns and villages also sprang up. Dubuque, 
Davenport, Burlington, Muscatine (first called Bloom¬ 
ington), Fort Madison, and Keokuk were among the 
earliest towns, and they rapidly became thriving cen¬ 
ters of trade. 

The Claim Associations. — For several years after 
the first settlers came to Iowa the land was not sur¬ 
veyed, and hence no legal titles could be given. In 
fact, the settlers had no right to the land until it had 
been surveyed and offered for sale. And so, in order 
to protect themselves in their claims and in the improve¬ 
ments which they had made they formed Claim Asso¬ 
ciations. All of the settlers of a given region banded 
together, adopted rules, made a record of the land which 
each one claimed, and agreed to protect each other 
against claim jumpers. When the land sales finally 
occurred the Claim Association chose bidders who bid 
in the land claimed by all the members of the asso¬ 
ciation. 

The Territory of Michigan. — By the end of the 

first year several thousand people had settled in the 
Iowa country. Most of them were peaceable, law-abid- 


12 


THE GOVERNMENT OF IOWA 


ing settlers, who came to found homes. But unfor¬ 
tunately there were a few desperadoes and lawless 
people, and there soon arose a demand for courts and 
the means of enforcing the law. And so in 1834 the 
jurisdiction of the territory of Michigan, which then 
also included what is now Wisconsin, was extended over 
the Iowa country. 

It was during the period of the territory of Michi¬ 
gan, from 1834 to 1836, that the first counties and town¬ 
ships in Iowa were established. The Black Hawk 
Purchase was divided by a line running due west from 
the lower end of Rock Island, the northern part being 
called Dubuque County and the southern part De- 
moine County. All of Dubuque County also con¬ 
stituted one township called Julien ; and all of Demoine 
County was included in Flint Hills Township. 

The Territory of Wisconsin. — In 1836 the terri¬ 
tory of Wisconsin was established, embracing the 
country now included in Wisconsin, Iowa, Minnesota, 
and the eastern half of North and South Dakota. As 
a matter of fact, fully one half of the people of the ter¬ 
ritory of Wisconsin lived in the Iowa country, and after 
the first session of the legislature the capital of the Ter¬ 
ritory was located at Burlington on the western side of 
the Mississippi. 

Among the many laws enacted by the legislature of 
the territory of Wisconsin were acts dividing the origi¬ 
nal counties of Dubuque and Demoine into twenty- 
one counties, and establishing territorial roads in the 
Iowa country. The Governor of the Territory was 
Henry Dodge, whose son, Augustus C. Dodge, was 
later a United States Senator from Iowa. 


HISTORICAL SKETCH 


13 


The Territory of Iowa. — Soon, however, the popu¬ 
lation of the Iowa country became so large that a sepa¬ 
rate territorial government was demanded. Conse¬ 
quently, in 1838 the territory of Wisconsin was divided 
and the part west of the Mississippi became the terri¬ 
tory of Iowa, which included not only the present 
state of Iowa, but also the greater part of Minnesota 
and the eastern half of North and South Dakota. 

The first governor of the territory of Iowa was Robert 
Lucas, who had formerly been Governor of the state 
of Ohio. One of the chief events of his administration 
was the dispute over the location of the boundary line 
between Missouri and the territory of Iowa. The con¬ 
troversy became very bitter, and at one time armed 
men gathered on both sides of the line. But hostil¬ 
ities were averted and later the question was settled 
by the Supreme Court of the United States. 

It was during the administration of Robert Lucas also 
that the seat of government was located at Iowa City. 
Burlington remained the temporary capital for three 
years, the first session of the legislature being held in 
Old Zion Church. But in 1839 the present site of Iowa 
City was chosen as the location for the seat of govern¬ 
ment, and on July 4, 1840, there was laid the corner¬ 
stone of the Old Stone Capitol, which at present is the 
administration building of the State University of Iowa. 

John Chambers of Kentucky was the second Gover¬ 
nor of the territory of Iowa. It was he who made the 
treaty with the Sac and Fox Indians by which these 
Indians gave up practically all of the central part of 
the State. The last Governor of the Territory was 
James Clarke. 



114 ] 


Stone Capitol at Iowa City 











HISTORICAL SKETCH 


15 


During the period of the territory of Iowa, from 1838 
to 1846, many new counties were established, a large 
number of territorial roads were laid out, and the 
settlements spread westward nearly to the center of the 
present State. 

Admission into the Union. — As citizens of a terri¬ 
tory the people of Iowa had no voice in the selection 
of their Governor; they had only one representative 
in Congress (the Delegate to Congress) who could not 
vote; and in other ways they were not on the same 
footing with the people of the states. And so as soon 
as the population became large enough there began an 
agitation in favor of statehood. At first when the 
question was submitted to the people they voted de¬ 
cisively against being admitted into the Union. But 
in 1844 the vote was in favor of statehood. 

A constitutional convention met at Iowa City and 
drew up a constitution which was submitted to Congress 
for its approval. But Congress did not approve of the 
boundaries for the new State as prescribed in the con¬ 
stitution, and new boundaries were substituted. The 
boundaries proposed by Congress did not suit the people 
of Iowa, and so they rejected the constitution when it 
was submitted to a popular vote. 

Two years later another constitutional convention 
assembled at Iowa City and drew up a new constitu¬ 
tion containing the boundaries of the State as they 
exist to-day. This constitution met with favor in 
Congress and was adopted by the people. On Decem¬ 
ber 28, 1846, the President of the United States signed 
the act of Congress admitting Iowa into the Union as 
a state. 


16 


THE GOVERNMENT OF IOWA 


The Constitution of 1846. — The constitution under 
which Iowa was admitted into the Union differed from 
the present constitution in only a few respects. For 
instance, the General Assembly convened on the first 
Monday in December instead of on the second Mon¬ 
day in January ; the term of office of the Governor was 
four years instead of two; there was no Lieutenant 
Governor; the number of members of the General 
Assembly was smaller; the Justices of the Supreme 
Court were elected by the legislature instead of by the 
people; and there were other minor differences. 

The Constitution of 1857. — The constitution of 
1846 did not meet with the approval of all the people 
in all respects, partly for political reasons, and as time 
went on the objections to it became more numerous. 
As a result, in 1857 members were elected to another 
constitutional convention which met at Iowa City and 
drew up the present state constitution. 

During this same year the capital was removed from 
Iowa City to Des Moines, although the present state- 
house was not erected until many years later. 

Iowa and the Civil War. — The people of Iowa did 
their full share in supporting the Union during the 
Civil War. About 78,000 men out of a total population 
of less than 700,000 people in the State were in service 
in the northern armies during the war. This number 
is said to be larger than the number of men in Wash¬ 
ington’s armies at any onetime during the Revolutionary 
War. Over 12,000 Iowa men were killed in battle and 
nearly 9000 were wounded; while nearly 10,000 were 
discharged because of ill health. 

Iowa men were especially prominent in the battles 


HISTORICAL SKETCH 


17 


of Shiloh, Corinth, Wilson's Creek, Pea Ridge, in the 
sieges of Vicksburg and Fort Donelson, and on Sher¬ 
man's march to the sea. A number of Iowa soldiers 
attained high rank in the army on account of dis¬ 
tinguished service. 

Later History. — The history of Iowa since the Civil 
War is a story of progress and development. Rail¬ 
roads have been built until now it is not possible to 
find a spot in Iowa that is not within easy reach of some 
railroad. Iowa has become one of the greatest agri¬ 
cultural states in the Union; and there has also been 
a great growth in manufactures within the State. 
In the political councils of the nation and in Congress 
Iowa men have played prominent parts. In fact, it 
is a far cry from the Iowa of pioneer days to the Iowa 
of to-day. 

Suggestions. — Pupils should be encouraged to study 
the history of the State and of the locality in which they 
live. 

A list of references on various topics in Iowa history may 
be secured from the State Historical Society of Iowa at Iowa 
City. 

The differences between a territory and a state should 
be clearly pointed out. 

Pupils should learn the names of the Governors of Iowa. 
A list may be found in the Iowa Official Register. 

QUESTIONS 

1. What were the principal Indian tribes which once 
lived in Iowa? What Indians live in Iowa to-day? 

2. What white men first saw the Iowa country? Who 
gave the name to Louisiana? 


18 


THE GOVERNMENT OF IOWA 


3. What foreign nations once exercised dominion over 
Iowa? How did Napoleon’s fortunes affect Iowa? 

4. Who was Julien Dubuque ? 

5. When did the Iowa country come into the possession 
of the United States? 

6. What Americans first saw the western border of Iowa ? 

7. What were the first territorial governments over the 
Iowa country ? 

8. What was the Black Hawk War? 

9. What were the Claim Associations ? 

10. What were the first counties in Iowa ? The first 
townships ? 

11. Name the Governors of the territory of Iowa. 

12. At what three places has the capital of Iowa been 
located ? 

13. When was Iowa admitted into the Union ? 

14. In what respects did the constitution of 1846 differ 
from the present constitution ? When was the present 
constitution adopted? 

15. When was the capital removed to Des Moines ? 


CHAPTER II 


SCHOOLS 

The first form of government with which young 
people come into contact outside of their homes is to 
be found in the school. The people choose a school 
board, which hires teachers and gives them authority 
to make and enforce rules for the government of the 
pupils. If the teacher did not have this right, the 
school could not be run successfully. 

Origin of the Public School System. — The Ameri¬ 
can people have always been great believers in the im¬ 
portance of education and they have insisted that 
every one, whether rich or poor, should have an oppor¬ 
tunity to gain an education. In the famous Ordinance 
of 1787 it was declared that “ religion, morality, and 
knowledge being necessary to good government and the 
happiness of mankind, schools and the means of edu¬ 
cation shall forever be encouraged.” And so when 
settlers first came into these western states schools 
were established as soon as several families settled 
within a few miles of each other. In Iowa for several 
years the cost of running the schools was paid chiefly 
by those who had children in attendance, but later a 
free public school system was established; so that 
now the schools are supported by taxation, and any 
child may attend the school in his own district free of 
charge. 


19 


20 


THE GOVERNMENT OF IOWA 


School Townships. — There are two kinds of school 
corporations in Iowa, namely, the school township, 
which usually coincides in boundaries with the con¬ 
gressional township; and the independent district. 
The school board may divide the school township into 
as many subdistricts as “ justice, equity, and the 
interests of the people require,” the number in the 
majority of cases being nine. All the schools in the 
school township are managed by one board of directors. 

Independent Districts. — In regions where people 
are few and scattered the school township system meets 
all needs. But in cities and towns and in more densely 
settled rural communities there is a demand for schools 
with more teachers and more advanced courses of study. 
And so it has been provided by law that the people 
may vote to establish an independent school district, 
in which they may decide for themselves all questions 
concerning the management of the schools and elect 
their own board of directors. 

The Annual Meeting. — On the second Monday in 
March each year, a meeting is held of the voters in 
each school corporation, at which time members of 
the board of directors are chosen. At this meeting 
taxes may also be voted for the support of the schools, 
and the directors may be instructed by the people 
concerning the textbooks to be used, the branches to 
be taught, and various other affairs connected with 
the management of the schools. In independent dis¬ 
tricts containing a city or incorporated town, the 
people also elect a school treasurer. 

Voters at School Elections. — In order to vote at 
school elections, a person must have the same qualifi- 


SCHOOLS 


21 


cations as are required for voting at the general elec¬ 
tions. (See chapter on Elections.) On all questions 
of issuing bonds for school purposes or of increasing 
the school taxes, however, women having the proper 
qualifications may also vote. 

The School Board. — In school townships which are 
divided into subdistricts the board of directors is com¬ 
posed of one director from each subdistrict. If there 
should be only two subdistricts, then a third director 
is elected at large by the voters of the whole school 
township. Where the school township is not divided 
into subdistricts the board consists of three members 
elected at large, as is also the case in rural independent 
districts. In independent districts containing cities 
of the first class or cities under special charters there 
are seven school directors; while in districts contain¬ 
ing cities of the second class or towns the number is 
five. 

The board of directors has general management of 
all school affairs, such as the erection, care, and repair 
of school buildings, the purchase of supplies, the adop¬ 
tion of courses of study, and the hiring of teachers. 

The Secretary. — It is the duty of the secretary to 
keep a record of the votes cast at school elections and 
of the proceedings of the board of directors at all their 
meetings. He preserves all papers and documents 
relating to the business of the school district, gives 
notice of meetings, countersigns all the warrants and 
drafts drawn or signed by the president of the board, 
and files an annual report with the county .superin¬ 
tendent, giving a great many facts concerning the 
schools of his district. 


22 


THE GOVERNMENT OF IOWA 


The Treasurer. — The treasurer receives all money 
belonging to the school corporation and pays it out, 
upon orders of the president countersigned by the sec¬ 
retary. He must keep an accurate account of all the 
money passing through his hands and make an annual 
report both to the board of directors and to the county 
superintendent. 

The Hiring of Teachers. — All teachers are hired by 
the board of directors. The president of the board 
and the teacher both sign a contract stating the length 
of time the school is to be taught, the compensation 
to be received, and various other matters. 

No person, however, can be employed as a teacher 
in the public schools without having a certificate from 
the State Board of Examiners stating that he or she is 
qualified to teach. 

Textbooks. — The board of directors decides what 
textbooks shall be used in the schools, but they cannot 
change textbooks oftener than every five years unless 
the people of the school district vote in favor of such a 
change. They may, if they choose, purchase text¬ 
books and other supplies and sell them to the pupils 
at cost. Furthermore, if the people of the county out¬ 
side of cities and towns vote in favor of such a plan, 
uniform textbooks are adopted for all the rural schools 
in the county. The people of any school corporation 
may also vote in favor of free textbooks, in which case 
textbooks are purchased by the board of directors and 
loaned to the pupils, who return them to the board 
when they have finished using them. 

Tuition. — As long as pupils attend the schools in 
their own district, no charge is made. But when, for 


SCHOOLS 


23 


any reason, they attend a school in another district 
a certain amount of money called tuition must be paid. 
For instance, the law provides that pupils from rural 
communities may attend the high school in the nearest 
city or town, and their tuition must be paid by the 
school corporation in which they live. 

Compulsory Education. — It is not only a privilege 
to go to school, but in Iowa, as in most other states, 
parents and guardians are required by law to send all 
children between the ages of seven and sixteen to 
school for at least twenty-four consecutive weeks each 
year. Penalties are imposed for violations of this law, 
and provision is made for truant officers whose busi¬ 
ness it is to see that all children attend school. 

Suggestions. — Pupils should attend an annual school 
meeting and observe what is done. 

Pupils should be required to make a list of the names of 
the school officers of the district in which they live, and to 
make a map showing the boundaries of the district. 

Copies of the school laws of the State should be in every 
school library. 

QUESTIONS 

1. What did the Ordinance of 1787 say regarding educa¬ 
tion? 

2. How are the public schools in Iowa supported ? 

3. What kinds of school corporations are there in Iowa? 

4. What are usually the boundaries of the school town¬ 
ship? 

5. What are subdistricts? 

6. Does each school in the school township have a sepa¬ 
rate board of directors ? 

7. What are the differences between the school township 


24 


THE GOVERNMENT OF IOWA 


and the independent district? How are independent dis¬ 
tricts established ? 

8. When is the annual school meeting held? What is 
done at that meeting ? Who may vote ? 

9. Of how many members is the school board composed ? 
When does the board hold meetings ? What are the duties 
of the board ? 

10. What are the duties of the secretary? 

11. What are the duties of the treasurer ? 

12. How are teachers hired? 

13. How are textbooks chosen ? 

14. For what pupils must tuition be paid ? 

15. Between what ages are children required to attend 
school? For how long a period? 


CHAPTER III 


TOWNSHIPS 

The Congressional Township. — Besides the school 
townships already mentioned, there are two other kinds 
of townships: congressional townships and civil town¬ 
ships. The congressional township is a tract of land 
six miles square. It is so named because in 1785 Con- 


Township 2 North 

RaNG£2. West 

Towns hip 2 Noirr 

< 

§ 

R an6£ 1 West cr 

Ul 

£ 

Township2 North 

Range 1 East 

Townsm»p2 Worth 

Rang f 2 East 

TownshipI North 

ToWNSHIpINoRTH ^ 

Townsh-ipI Worth 

Townsn ip 1 North 


z 



Range 2 West 

Range 1 West oc. 

o. 

Range 1 East 

Range2 East 


BASE 

LI NE 



Figure 1 


gress passed a law requiring that all the land in the new 
states and territories should be surveyed into townships 
six miles square and into sections in order that it might 
be possible to locate pieces of land and tell how many 
acres there were in each piece. 

Land Surveys. — When the surveyors began their 
work they first established two lines from which to 
proceed : a base line running east and west, and a prin- 

25 







26 


THE GOVERNMENT OF IOWA 


cipal meridian running north and south. Townships 
were then formed by running lines parallel to the base 
line and the principal meridian. The townships thus 
formed were numbered, those 
in the first row north or south 
of the base line being numbered 
“township one north” or 
“ township one south ” and 
those in the second row 
“township two north” or 
“ township two south,” and 
so on; while the townships 
in the rows or ranges east and 
west of the principal meridian 
were designated as “ range one east ” or “ range one 
west ” and so on. Thus a township in the tenth row 
north of the base line and in the sixth row west of the 
principal meridian would be described as “ township 
ten north, range six west.” 

(See Figure 1.) The base 
line from which the congres¬ 
sional townships in Iowa are 
numbered passes east and 
west through the central part 
of Arkansas, while the ranges 
are numbered east and west 
from the fifth principal me¬ 
ridian which runs north and 
south along the western 
boundary of Jackson, Clinton, and Scott counties in 
this State. 

Each congressional township is divided into thirty- 


WEST 

NORTHEAST 

HALF 

*C„ ES 

320 

w y. s.t>i 

80 

NEfc.tSE.J4 

ACRES 

/ICRES 

ACRES 

SE.54.fSt* 

ACRES 


Figure 3 


6 

5 

4 

3 

2 

1 

7 

2 

3 

10 

11 

12 

18 

17 

J 6 

15 

14 

13 

13 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

« 

31 

32 

33 

34 

3 5 

36 


Figure 2 

























TOWNSHIPS 


27 


six sections, one mile square, which are numbered as 
is shown in Figure 2, beginning in the northeast corner. 
Furthermore, sections are often surveyed into halves, 
quarters, and even smaller subdivisions, as is shown in 
Figure 3, in order that small pieces of land may be defi¬ 
nitely described. 

The Civil Township. —A civil township is the 
organization of the people living on a certain tract of 
land for purposes of local government. Roads must 
be cared for, bridges must be built, and there is need 
for peace officers ; and so to provide for these and other 
needs of the people, township governments are estab¬ 
lished. The boundaries of the civil townships usually 
coincide with those of the congressional townships 
in Iowa, but this is not always the case, nor is it neces¬ 
sary. Rivers often form the boundaries of civil town¬ 
ships and in several counties there are more civil 
townships than congressional townships. Civil town¬ 
ships are established by the County Board of Super¬ 
visors and they are named instead of numbered. 

Functions of the Township. — In New England the 
township or “ town ” was and still is a very important 
unit of government. The people met together in the 
“ town meeting,” where they not only elected township 
officers, but discussed and decided all questions relat¬ 
ing to their common welfare. In Iowa, however, the 
people take no direct part in township affairs except 
to elect officers every two years at the general elections 
and occasionally vote on the question of raising taxes 
for various purposes. In fact, the business of the town¬ 
ship is transacted entirely by the officers in accordance 
with general laws passed by the legislature, just as is 


28 


THE GOVERNMENT OF IOWA 


the case in the county and the State. The civil town¬ 
ship is merely a subdivision of the county for purposes 
of local government, and it is not even a body corpo¬ 
rate, capable of suing and being sued. 

Township Officers. — The following township officers 
are elected by the people and serve for terms of two years : 
three trustees, a clerk, two justices of the peace, two 
constables, and an assessor. Men are not very anxious 
to hold township offices, since there are a great many 
duties to perform and comparatively little pay. Any 
one who refuses to serve when elected to a township 
office is liable to a fine of five dollars. But no person 
can be forced to serve for more than one term. 

The Township Trustees. — The most important 
officers in the township are the three Township Trus¬ 
tees, who perform a great variety of duties. They care 
for the roads, act as fence viewers, decide cases of 
disagreement over drainage outlets, assess damages 
caused by animals running at large, have general charge 
of elections in the township, supervise the care of the 
poor, act as a board of equalization in determining the 
valuation of property for taxation, serve as a board of 
health, and perform several other duties. 

The Township Clerk. — The Township Clerk is 
required to attend all meetings of the Township Trus¬ 
tees and keep a record of their proceedings. He also 
acts as treasurer of the township and has important 
functions in connection with elections and the listing of 
property for taxation. 

The Justices of the Peace. — Two Justices of the 
Peace are elected biennially in each township. The 
powers and duties of these officers, whose chief business 


TOWNSHIPS 


29 


is to hold court for the trial of minor cases, are discussed 
in Chapter VIII. 

The Constables. — In each township every two years 
the people elect two Constables, whose duty it is to 
maintain the peace and arrest offenders against the 
law. They are also the ministerial officers of the Jus¬ 
tices of the Peace, for whom they serve warrants, sub¬ 
poenas, and other writs and legal papers of various 
kinds. 

The Assessor. — The Assessor is an important local 
officer. He is elected biennially by the people of the 
township, and his duties are confined to the township. 
He is required every year to make a complete list of 
the property of all the taxpayers in the township and 
to state the value of the property assessed by him. He 
must begin his work immediately after the second Mon¬ 
day of January in each year and he must have the task 
completed before the first day of April. The Assessor 
is also required annually to collect information and 
statistics relative to population, crops, and live stock, 
and to take an enumeration of the population of the 
township every ten years for the state census. 

The Compensation of Township Officers. — Town¬ 
ship officers receive no fixed yearly salaries. Their 
compensation is paid either in fees, or in a percentage 
of the public money collected or handled, or by a per 
diem — that is, so much per day during the perform¬ 
ance of their duties. These amounts, which are fixed 
by law, vary according to the officer and the service 
performed. As a rule, however, the compensation is 
so small that township offices have little attraction 
from a financial standpoint. 


30 THE GOVERNMENT OF IOWA 

Suggestions. — Pupils should have access to a good map 
of the State showing township lines and should notice in 
how many cases the boundaries of the civil township coin¬ 
cide with those of the congressional township. 

Pupils should learn the number and range of their congres¬ 
sional township and the description of the land on which 
they live. 

It would be interesting for pupils to learn who their 
township officers are and talk with them concerning the 
duties which they perform. 

QUESTIONS 

1. What is the purpose of the congressional township? 
What is its size? 

2. How was the land surveyed? How are pieces of land 
described in order to locate them ? 

3 What is the purpose of the civil township? What are 
its boundaries ? 

4. Name the township officers. How are they elected? 

5. What are the duties of the Township Trustees ? Of the 
Clerk? Of the Justices of the Peace? Of the Constables? 
Of the Assessor ? 

6. How are township officers paid? 



CHAPTER IV 


CITIES AND TOWNS 

As soon as any considerable number of families 
settle near each other there arises the need of a definite 
local government to look after the common interests 
and promote the comfort and health of all the people. 
For instance, there must be fire and police protection, 
a water system and sewers, sidewalks, and graded or 
paved streets. And so a town government is formed, 
and later if the population increases sufficiently, a city 
government, with somewhat greater powers, is estab¬ 
lished. In order that such governments may be 
established the town or city must become incorporated 
according to a general law. 

Classification of Municipalities. — Towns and cities 
are often spoken of as municipalities and their govern¬ 
ments as municipal governments. According to the 
law in Iowa, there are the following classes of munici¬ 
palities : towns, having a population of less than 2000; 
cities of the second class, having a population between 
2000 and 15,000 ; cities of the first class, having a popu¬ 
lation of 15,000 or over; special charter cities, organ¬ 
ized by the legislature prior to the adoption of the 
present constitution in 1857; and cities operating 
under the commission plan of government. 

Powers of Cities and Towns. — The powers and 
duties of municipal governments are prescribed in 
31 


32 


THE GOVERNMENT OF IOWA 


laws passed by the General Assembly and the officers 
of cities and towns cannot do anything which they 
are not authorized to do by law. In general, the law 
declares that municipalities may make ordinances “to 
provide for the safety, preserve the health, promote the 
prosperity, improve the morals, order, comfort, and con¬ 
venience ” of the people of the town or city and “ en¬ 
force obedience to such ordinances by fine not exceed¬ 
ing one hundred dollars, or by imprisonment not 
exceeding thirty days.” For instance, municipalities 
provide for the paving, care, and lighting of the streets 
and alleys; they provide for water systems, lighting 
plants, and sewers; they maintain police forces ; they 
license theaters, circuses, hotels, peddlers, plumbers, 
and the like; they provide parks, playgrounds, and 
libraries, and do many other things to promote the 
safety and comfort of the inhabitants. 

Municipal Officers. — All the cities and* towns in 
the State, except cities operating under commission 
government, have about the same set of officers, vary¬ 
ing in number according to population. 

In each town or city there is a Council, which may be 
called the legislative branch of the municipal govern¬ 
ment. In towns the Council is composed of five mem¬ 
bers elected at large; while in cities of the first and 
second classes it consists of one member elected from 
each ward and two elected at large, so that the num¬ 
ber varies according to the number of wards. The 
election of all municipal officers is held on the last 
Monday in March and their term of office is two years. 
Councilmen in cities of the first class may receive 
$250 a year, besides the sum of two dollars a day for 



CITIES AND TOWNS 


33 


performing certain extra services; while in cities of 
the second class and in towns they cannot receive more 
than fifty dollars a year. 

The Mayor is the principal executive officer in the 
town or city. It is his duty to see that peace and 
order are maintained in the municipality and that all 
ordinances are enforced. He presides over the meetings 
of the Council, over which he has a limited veto power; 
holds court in which offenders against the city ordi¬ 
nances are tried unless there is a police court or Superior 
Court in the city; and possesses the same jurisdiction 
as the Justice of the Peace. He is required to appoint 
a Marshal, a Health Physician, a Street Commissioner, 
and as many policemen as the Council may deem neces¬ 
sary. No definite salary is fixed by law for the Mayor, 
his compensation being determined by the Council. 

Other municipal officers who are elected by the 
people are: a Treasurer and an Assessor, in all towns 
and cities; and a City Attorney, an Auditor, a City 
Engineer, and a Police Judge, in cities of the first class. 
In all cases the Council appoints a City Clerk, and in 
towns and cities of the second class it appoints a 
City Attorney. 

The Commission Plan of City Government. — A 

special form of city government which has gained 
considerable popularity throughout the United States 
during recent years is the commission plan. In Iowa 
the plan was first indorsed by citizens of Des Moines, 
and for that reason is quite often spoken of as the 
“ Des Moines Plan.” At first the General Assembly 
passed a law declaring that all cities of 25,000 or over 
might adopt the commission plan of government, but 


34 


THE GOVERNMENT OF IOWA 


now any city of 2000 or over may vote to adopt the 
plan. 

Under the commission plan there is a Mayor and 
either two or four Councilmen according to population, 
all of whom are nominated and elected by the people 
of the city at large in a non-partisan manner. The 
Mayor and the Councilmen each have complete charge 
of some department of the city’s business, such as 
finance, public safety, streets and public improvements, 
and parks and public property. The Council chooses 
all other city officers and all necessary assistants, and 
the Council is thus held responsible for the proper ad¬ 
ministration of the government of the city. The 
salary of the Mayor varies from $600 to $3500 and that 
of Councilmen from $450 to $3000, according to the 
population of the city. 

The purpose of the commission plan is to secure a 
more businesslike city government by reducing the 
number of officials, offering better salaries, and securing 
more expert service. Moreover, under this plan the 
officers may be held responsible for their acts, for if 
the people do not like the actions of the Mayor or 
Councilmen, they may vote to remove any or all of those 
officers and elect new ones. And the people may also 
take a hand in the passing of ordinances if the Council 
does not carry out their wishes. 

Suggestions. — Pupils will find it very interesting to 
learn all they can about the history of the town or city in 
which they live. 

The Iowa Official Register should be consulted for a list 
of the cities of the various classes. 

Pupils should read magazine articles concerning the 


CITIES AND TOWNS 


35 


commission form of city government or the city manager 
plan. 

Pupils might obtain permission to attend a meeting of the 
town or city council. They should inform themselves con¬ 
cerning the manner in which the affairs of the city are 
managed. 

QUESTIONS 

1. What is the purpose of town and city governments ? 

2. What are the different classes of municipalities in 
Iowa ? In what class is the city or town in which you live ? 

3. What are the powers of municipalities? 

4. How many members may there be on the Council ? 
How many are there in your city ? What is the compensa¬ 
tion of Councilmen ? 

5. When are municipal elections held ? 

6. What are the duties of the Mayor ? 

7o What other municipal officers are there ? 

8. What are the main features of the commission plan of 
city government ? What cities may adopt the plan ? 


CHAPTER V 


COUNTIES 

Organization. — The state of Iowa has been divided 
by the legislature into ninety-nine counties for purposes 
of local government and in order to make it possible 
to enforce the laws of the State more easily. 

The first counties were established in 1834, when the 
Iowa country was a part of the territory of Michigan. 
These two counties, which were known as “ Dubuque ” 
and “ Demoine,” included all of what is now the 
eastern border of Iowa. Then, as the country became 
more thickly settled, new counties were organized until 
at last the entire State was divided into counties as it 
is at the present time. 

The counties of Iowa vary somewhat in size and area. 
Over half of them are rectangular in form and contain 
either twelve or sixteen congressional townships, or 
either 432 or 576 square miles. The other counties 
are irregular in shape and area. The boundaries of 
some of the counties have been changed several times, 
and some of them at one time had different names 
from those which they now bear. 

The County Seat. — The place where the govern¬ 
ment of the county is carried on is called the county 
seat. This place may be changed by a vote of a ma¬ 
jority of the voters of the county. 

At the county seat is the courthouse, the building 
36 


COUNTIES 


37 


where the county officers have their offices, where the 
district court holds its sessions, and where the records, 
books, and papers of the county are kept. Adjoining 
the courthouse there is usually the county jail and a 
residence for the Sheriff. County offices are open from 
8 o’clock a.m. to 5 o’clock p.m. 

County Officers. — The officers of the county consist 
of a Board of Supervisors, an Auditor, a Treasurer, a 
Recorder, a County Attorney, a Clerk of the District 
Court, a Sheriff, a Coroner, and a Superintendent of 
Schools, all of whom are elected by the people except 
the last one. The term of office of all county officers 
except the Superintendent and Supervisors is two years. 

The Board of Supervisors. — The Board of Super¬ 
visors consists of from three to seven members, the 
number varying in different counties according to the 
wish of the people. About three-fifths of the counties 
of the State have three Supervisors ; only three counties 
have as many as seven. The Supervisors are elected 
for a term of three years, and they retire in rotation. 
The county may either be divided into districts for 
the election of Supervisors or they may be elected at 
large, but no two shall be chosen from any one township. 

The Board of Supervisors exercises general super¬ 
vision over all the affairs of the county. The members 
choose their own presiding officer, and a majority of 
the members constitutes a quorum for the transaction 
of business. Regular meetings of the Board are held 
on the second secular day in January, the first Monday 
in April and June, and the second Monday in Septem¬ 
ber and November each year. 

The powers and duties of the Board of Supervisors 


38 


THE GOVERNMENT OF IOWA 


are very numerous. It makes all appropriations from 
the county funds; while the members also exercise 
administrative powers and have general supervision 
of the actions of the other county officers. Among the 
most important duties of the Board are: to examine and 
settle all accounts of the receipts and expenditures of 
the county; to examine and allow all rightful claims 
against the county; to fix the compensation of all 
county and township officers not otherwise provided 
for by law; to establish and name townships; to lay 
out or discontinue roads and build necessary bridges 
in the county; to buy land for a poor farm, build a 
poorhouse, or provide for the care of the poor in some 
other manner; and to fill vacancies in offices by ap¬ 
pointment until the next election. In fact, the Board 
is given the power “ to make such rules and regulations, 
not inconsistent with law, as it may deem necessary 
for its own government, the transaction of business, 
and the preservation of order .’ 1 Many other minor 
powers might be mentioned. 

The County Auditor. — The County Auditor might 
be spoken of as the secretary or clerk of the Board of 
Supervisors. It is his duty to keep a record of all the 
proceedings and resolutions of the Board in books 
provided for that purpose and see that they are pub¬ 
lished in some newspaper of the county. He signs all 
orders of the Board for the payment of money, and he 
records in a book the reports of the County Treasurer 
concerning the receipts and expenditures of county 
funds. In connection with elections he performs many 
important functions, such as furnishing poll books, 
making up the official ballot for the county, receiving 


COUNTIES 


39 


the election returns, and issuing certificates of election 
to county officers. The County Auditor also performs 
numerous duties in connection with taxation and keeps 
a record of the transfer of all real estate within the 
county. 

The County Treasurer. — The County Treasurer 
receives and collects all the taxes and other money 
belonging to the county. He also pays out money, 
but only on orders signed by the County Auditor. 
In this way the taxpayers of the county are protected 
from fraud, since a complete record of all financial 
transactions is kept in the offices of both the Auditor 
and the Treasurer, and one is a check against the 
other. Furthermore, both of these officers are re¬ 
quired to give heavy bonds, so that in case any money 
should be lost or stolen by these officers the county 
may compel the bondsmen to pay back the amount. 
And, finally, the taxpayers of the county are able to 
tell how their money is expended because the Super¬ 
visors are required to publish an account of all their 
proceedings. 

The County Recorder. — It is the duty of the County 
Recorder to keep a record of all instruments in writing, 
such as deeds to land and property, mortgages, and arti¬ 
cles of incorporation. All deeds to real estate, how¬ 
ever, must first be presented to the County Auditor 
and recorded in the books in his office; and after¬ 
wards a similar record is made by the Recorder. Thus 
a record of all changes in the titles to land within the 
county is to be found in both offices. In counties hav¬ 
ing a population of less than ten thousand the offices of 
Recorder and Treasurer may both be held by one 


40 


THE GOVERNMENT OF IOWA 


person. The office of Recorder may be held by a 
woman. 

The County Attorney. — The County Attorney is 
an officer whose business it is to take charge of all 
criminal prosecutions within the county, and to defend 
the interests of the county in all suits which may be 
brought against it. He also acts as the legal adviser 
of the other county officers in all matters concerning 
which they need such advice; and has the power to 
begin proceedings to secure the removal of certain 
officers for neglect of duty. 

The Clerk of the District Court. — The duties of 
this county officer are for the most part connected with 
the work of the District Court, as the name would 
indicate. He keeps a record of all the cases brought 
before the court, from the time the suit is commenced 
until the final judgment is made and executed. If 
the court is not in session, he is authorized to make 
appointments of executors, administrators, and guard¬ 
ians, who serve until the next term of court. 

Aside from these duties the Clerk issues and records 
marriage licenses, and keeps a register of births and 
deaths within the county. 

The Sheriff. — The office of Sheriff is of very ancient 
origin. At an early period in England when the 
country was divided into shires, which correspond some¬ 
what to our counties, the officer who carried out the 
will of the king in the shire was known as the “ shire 
reeve/’ or sheriff. He was a very important official 
and exercised judicial as well as administrative powers. 
In America at the present time, however, the sheriff’s 
duties relate almost entirely to the preservation of the 


COUNTIES 


41 


peace in the county. He has charge of the county 
jail; makes arrests of persons who have broken the 
law; serves all notices, writs, and warrants issued by 
the District Court; and attends the sessions of the 
court. If he is unable to perform all of these duties 
alone, he may appoint deputies, and in cases of emer¬ 
gency may call out the able-bodied men of the county 
to assist him in enforcing the law. 

The Coroner. — This office also dates back many 
centuries to the early history of England, where the 
office was created chiefly to limit the power of the 
Sheriff. In Iowa almost the only function of the 
Coroner is to summon a jury of three persons and hold 
inquests over the bodies of all persons who come to 
their death, either from uncertain causes or in such a 
manner as to lead to a suspicion of foul play. Any 
Justice of the Peace may hold the office of Coroner; 
and when the office of Sheriff is vacant the Coroner fills 
the position. 

The County Superintendent. — The officer who has 
general supervision of the rural schools of the county is 
known as the County Superintendent. Formerly he 
was elected by the people, but now the Superintendent 
is chosen for a term of three years, by a convention 
made up of the presidents of the school boards of the 
county. This office may be held by a woman as well 
as by a man, and in fact in about two-thirds of the 
counties of Iowa the Superintendents are women. 

It is the duty of the County Superintendent to assist 
teachers and school boards in all matters that will 
promote the welfare of the schools, to hold county 
institutes for the instruction of teachers, to conduct 


42 


THE GOVERNMENT OF IOWA 


examinations of those desiring teachers’ certificates, 
and, in general, to guide and direct the rural school 
activities of the county. 

The Compensation of County Officers. — The mem¬ 
bers of the Board of Supervisors receive four dollars 
a day while engaged in the duties of their office, to¬ 
gether with mileage at the rate of five cents a mile. 
The other officers are either paid salaries ranging from 
$1100 to $3500 a year according to the office and the 
population of the county or in some cases they receive 
fees as compensation for their services. 

State Examiners for Counties. — A new set of State 
officers whose duties relate to the counties are the State 
Examiners for Counties. They are appointed by the 
State Auditor and are required to examine the books 
of county officers and to see that the accounts and 
reports of all the counties are made in a uniform 
manner. 

Suggestions. — Study the history of your county, and 
learn especially when it was organized and how the name 
originated. 

Secure a copy of the proceedings of the Board of Super¬ 
visors and use it to illustrate the functions of that body. 

A copy of the annual financial report of the county should 
be secured and used in class. 

Pupils should visit the courthouse and see the various 
offices in which the business of the county is transacted. 

Learn who your county officers are and where they live. 


COUNTIES 


43 


QUESTIONS 

1. How are counties established or organized? What 
were the first counties in Iowa ? What are the size and shape 
of the counties in Iowa ? Of your county ? 

2. What is the county seat ? 

3. Name the county officers. What is their term of 
office ? 

4. How many Supervisors may there be? How many 
in your county ? 

5. What are the powers and duties of the Board of 
Supervisors ? 

6. What are the duties of the County Auditor? 

7. How are the taxpayers protected against fraud on 
the part of the County Treasurer ? 

8. What two county offices may be held by women? 
Are these offices held by women in your county ? 

9. What are the duties of the County Attorney? Of 
the Clerk of the District Court ? Of the Sheriff ? 

10. How is the County Superintendent elected ? 

11. How are county officers paid for their services ? 


» 





[ 44 ] 


he State Representative Districts 












































CHAPTER VI 


THE STATE —THE LEGISLATIVE DEPARTMENT 

The General Assembly. — The legislature, or the 
law-making department of the State government in 
Iowa, is officially known as the General Assembly. 
It is composed of two houses or divisions: the House 
of Representatives, or the lower house; and the Sen¬ 
ate, or the upper house. Although these two houses 
differ in respect to the number, terms, and qualifica¬ 
tions of their members, they are equal in power. 

The House of Representatives. — The House of 
Representatives is composed of one hundred eight 
members, elected for a term of two years by the people 
of the State voting by counties. Each county is en¬ 
titled to elect one Representative and the nine counties 
having the largest population each have one addi¬ 
tional Representative. 

To be eligible to a seat in the House of Representa¬ 
tives a man must be a citizen of the United States, 
twenty-one years of age, and must have resided in the 
State one year and in the county sixty days prior to 
his election. 

The presiding officer of the lower house is called the 
Speaker of the House of Representatives. 

The Senate. — The Senate, or upper house, is com¬ 
posed of fifty members elected for a term of four years 
by the people of the State, voting in districts, contain- 
45 



[ 46 ] 


The State Senatorial Districts 
















































THE STATE —THE LEGISLATIVE DEPARTMENT 47 

ing one or more counties. Twenty-one of the Sena¬ 
tors are elected at one biennial election and twenty- 
nine at the next, so that about half of the Senators go 
out of office every two years. 

Except that a man must be twenty-five years of age 
before he can be elected to the State Senate, the quali¬ 
fications of Senators are the same as those of members 
of the House of Representatives. The Lieutenant 
Governor is the presiding officer of the Senate. 

Sessions of the General Assembly. — The regular 
sessions of the General Assembly are held every two 
years in the capitol building at Des Moines, beginning 
on the second Monday in January in the odd-num¬ 
bered years. Extra or special sessions may be called 
by the Governor at other times when the public wel¬ 
fare demands such action. The Senate and the House 
of Representatives each meets in a hall of its own, and 
except on occasions when secrecy is necessary the gal¬ 
leries are open to the public. 

There is no limitation to the length of time which 
the sessions of the General Assembly may last, but as 
a rule the legislature adjourns about the middle of 
April. 

The Compensation of Members. — At first the con¬ 
stitution of Iowa provided that the members of the 
General Assembly should receive three dollars a day 
while in session and three dollars for every twenty 
miles traveled in going to and from Des Moines. But 
since that time the compensation has been increased 
and the mileage decreased until now each member 
receives one thousand dollars for his services during 
a regular session of the legislature and five cents for 


48 


THE GOVERNMENT OF IOWA 


every mile traveled in going to Des Moines and return¬ 
ing to his home. For extra sessions the members 
receive ten dollars a day and. the same mileage as for 
regular sessions. Each of the presiding officers receives 
twice the salary of members. 

The Method of Passing Laws. — When a member 
of either house of the General Assembly wishes to have 
a law passed he introduces a “ bill,” which is there¬ 
upon referred to one of the many standing committees 
appointed at the beginning of the session by the pre¬ 
siding officer. The committee may not think that the 
bill should become a law, and may either fail to make 
any report concerning it or may report it unfavorably. 
In that case, as a rule, nothing further is heard of the 
bill. But if the committee approves, it makes a favor¬ 
able report to the house and recommends that the bill 
be passed. 

The bill is then read several times, an opportunity 
for debate or discussion is offered, and, finally, a vote is 
taken. If a majority of the members of the house vote 
in favor of the bill, it is then sent to the other house, 
where it goes through the same process. If it should 
pass the second house without change or amendment, 
the bill is then presented to the Governor and becomes 
a law in case he signs it. 

Each house, however, has the right to amend any bill 
proposed by the other house, and when any amendments 
are thus made the bill must be returned to the house in 
which it originated. If the amendments are accept¬ 
able to the house which first passed the bill, they are 
adopted and the bill is sent to the Governor. But in 
case the two houses cannot agree on the amendments 


THE STATE —THE LEGISLATIVE DEPARTMENT 49 


a conference committee, composed of a few members 
of each house, is appointed. In this way an agree¬ 
ment is usually reached. 

All bills which become laws must pass both houses 
in exactly the same form by a majority vote of the 
members of each house, and must be signed by the 
Governor or passed over his veto. 

The Veto of Laws by the Governor. — As has just 
been indicated, bills which are passed by the General 
Assembly are presented to the Governor. If he ap¬ 
proves the bill, he signs his name to it and it then 
becomes a law. But if for some reason he believes the 
bill should not become a law, he does not sign it, but 
returns it to the house where it originated, with a 
statement of his objections. In many cases this is the 
end of the bill. If, however, it is again passed by both 
houses of the General Assembly, this time by a vote 
of two-thirds of the members, the bill becomes a law 
without the Governor’s signature. In case the Gov¬ 
ernor fails to return a bill to the legislature within 
three days after it has been received by him (Sundays 
excepted), the bill becomes a law in the same manner 
as if he had signed it. If, however, the General Assem¬ 
bly adjourns before the three days have expired, the 
Governor is given thirty days in which to sign or veto 
the bill and deposit it with the Secretary of State. 

When the Laws go into Effect. — As a rule, all 
general laws passed at a regular session of the General 
Assembly take effect on the fourth day of the following 
July. Acts passed at extra sessions go into effect 
ninety days after the legislature adjourns. But when 
the General Assembly deems that a law is of imme- 








The Congressional Districts 





































































































THE STATE —THE LEGISLATIVE DEPARTMENT 51 


diate importance, provision may be made that it shall 
go into effect at once upon publication in certain speci¬ 
fied newspapers of the State. 

Limitations on the Law-making Power. — The Gen¬ 
eral Assembly of Iowa does not have unlimited power 
to pass laws, for the constitution places certain re¬ 
strictions on the legislative power. For instance, the 
General Assembly cannot pass local or special laws on 
certain subjects. (See constitution, Art. Ill, See. 30.) 
It cannot change the boundary lines of counties with¬ 
out the consent of the people of the counties affected, 
nor can it create a new county having less than 432 
square miles. The General Assembly cannot grant 
divorces nor authorize lotteries. The State cannot 
become indebted in excess of the sum of $250,000, 
except in times of war or insurrection unless the 
people vote in favor of incurring additional indebted¬ 
ness. Again, the General Assembly is prohibited from 
creating corporations by special act. A number of other 
restrictions are also placed on the law-making power. 

Amendments to the Constitution. — There are two 
methods of amending or changing the constitution 
of Iowa, namely, by a regular constitutional conven¬ 
tion, and by amendments proposed by the General 
Assembly and adopted by the people. The former 
method has never been employed in Iowa to amend the 
present constitution. 

Several amendments, however, have been adopted 
by the second method, according to which all amend¬ 
ments must be passed by the General Assembly at 
two successive regular sessions and then submitted 
to a vote of the people. If a majority of the votes 


52 


THE GOVERNMENT OF IOWA 


cast are in favor of the amendment, it then becomes 
a part of the constitution. 

Suggestions. — A copy of the session laws and of the 
journals of the two houses, and copies of bills should be 
secured for use in connection with this chapter. 

The Iowa Official Register for the current biennial period 
should be secured. It contains much valuable material 
relative to the General Assembly. 

In this connection discuss the method of electing United 
States Senators and Representatives and the division of the 
State into Congressional districts. 

There should be a discussion of the initiative and referen¬ 
dum. 

QUESTIONS 

1. What is the official name of the law-making body in 
Iowa? 

2. How many Representatives are there ? How are they 
elected? What is their term of office? What are their 
qualifications ? Who is the Representative from your 
county ? 

3. How many State Senators are there? How are they 
elected ? What is their term of office ? What are their 
qualifications? Who is the State Senator from your dis¬ 
trict? What counties form your district? 

4. When are the sessions of the General Assembly held ? 
What is the compensation of members ? 

5. What is the method of enacting laws? What part 
does the Governor have in legislation? 

6. When do laws go into effect ? 

7. What is the minimum area which may be included in 
any new county ? 

8. How is the constitution amended ? 


CHAPTER VII 


THE STATE —THE EXECUTIVE DEPARTMENT 

The Officers. — The department of the State gov¬ 
ernment which is best known to the people is the exec¬ 
utive department, the duty of which is to see that the 
laws are carried into effect and to transact the public 
business of the State. The principal officials in this 
department are the Governor, the Lieutenant Gov¬ 
ernor, the Secretary of State, the Auditor of State, and 
the Treasurer of State, all of whom are elected by 
the people every two years; and besides these there 
are many other administrative officers and boards. 

Election and Term of the Governor. — The officer 
in whom the supreme executive power of the State is 
vested is the Governor. He is elected for a term of 
two years by the voters of the State at the general 
election in November. The election returns for both 
the Governor and the Lieutenant Governor are sent to 
the Speaker of the House of Representatives, who opens 
them in the presence of both houses of the General 
Assembly. The persons having the highest number 
of votes for the two offices are declared elected Governor 
and Lieutenant Governor, respectively. If there should 
be a tie in the votes for either of these two officers, it 
would be the duty of the two houses of the General 
Assembly meeting in joint session to elect one of the 
persons whose votes were tied. No tie votes for Gov- 
53 


54 


THE GOVERNMENT OF IOWA 


ernor or Lieutenant Governor have occurred thus far in 
the history of Iowa; and as a matter of fact the results 
of elections are known long before the General Assem¬ 
bly meets. 

Qualifications of the Governor. — Before a man can 
be elected to the office of Governor of Iowa he must 
be a citizen of the United States and a resident of Iowa 
for two years, and he must be thirty years of age. 

Powers and Duties of the Governor. — The Governor 
has extensive administrative powers and duties; and 
he is also commander in chief of the militia of the 
State. 

In general it is the duty of the Governor to see that 
the laws of the State are faithfully executed. He 
transacts “ all executive business with the officers of 
government, civil and military, and may require infor¬ 
mation in writing from the officers of the executive 
department upon any subject relating to the duties 
of their respective offices.” 

The relation of the Governor to the legislature is 
clearly stated in the constitution. At each regular 
session it is his duty to send to the General Assembly 
a message in which he discusses the condition and needs 
of the State and recommends such legislation as he may 
think necessary. The Governor may on extraordinary 
occasions issue a proclamation calling the General 
Assembly to meet in extra session, and when the two 
houses have convened it is his duty to inform them of 
the purpose for which the extra session has been called. 
Furthermore, as has been seen, it is the duty of the 
Governor to sign all bills which he approves; while he 
may veto bills which he does not approve, which bills 


THE STATE —THE EXECUTIVE DEPARTMENT 55 


must be passed again by a two-thirds vote of both houses 
of the legislature before they can become laws. Thus 
it will be seen that the Governor may exert a great 
influence over the General Assembly. 

The Governor has also the power to appoint a great 
many officers. The constitution provides that when 
any office shall become vacant for any cause and no 
method is provided by the constitution or the laws for 
filling such a vacancy, the Governor shall have the 
power to appoint some one to fill the position until the 
next session of the General Assembly or the next elec¬ 
tion by the people. But in addition to this power to 
fill vacancies, the legislature has from time to time 
created new administrative offices and boards and au¬ 
thorized the Governor to fill these positions by appoint¬ 
ment, sometimes solely upon his own responsibility 
and sometimes with the consent of the Senate. For 
instance, the members of the State Board of Educa¬ 
tion, the Board of Control of State Institutions, the 
Board of Parole, and many other boards receive their 
appointments in this manner. 

In case of a riot or other disturbance in which the 
regular peace officers of the city or county are unable 
to restore order, the Governor may call out the militia 
of the State. He may offer rewards for the arrest of 
criminals, and it is within his power to grant reprieves 
or pardons to persons convicted of crime. 

The Governor must keep a journal in which there 
is made a record of every official act which he per¬ 
forms. 

The Lieutenant Governor. — The Lieutenant Gov¬ 
ernor bears the same relation to the Governor that the 


56 


THE GOVERNMENT OF IOWA 


Vice President of the United States bears to the Presi¬ 
dent. Under ordinary circumstances his chief and 
practically only function is to act as the presiding 
officer of the Senate. But in case of the death, resig¬ 
nation, or disability of the Governor, the Lieutenant 
Governor assumes all of the powers and duties of the 
chief executive. Then if anything should happen to 
the Lieutenant Governor to prevent him from serving 
further as Governor, the office would fall to the presi¬ 
dent pro tempore of the Senate; and, finally, if this per¬ 
son should not be able to serve for any reason, the posi¬ 
tion and duties of the Governor would devolve upon 
the Speaker of the House of Representatives. Thus it 
is made certain that the State will not be suddenly left 
without a chief executive. 

The Secretary of State. — Next to the Governor and 
Lieutenant Governor the most prominent adminis¬ 
trative official is the Secretary of State. It is his duty 
to countersign and keep a record of all commissions 
and proclamations issued by the Governor. He has 
charge of the publication and distribution of the laws 
and resolutions passed by the General Assembly, and 
in his office are preserved the original copies of all the 
laws and resolutions. He provides also for the prepa¬ 
ration and publication of the Iowa Official Register , a 
book published every two years containing all sorts 
of information about the State of Iowa. Many other 
important duties are performed by the Secretary of 
State, who, of course, is aided by a large number of 
assistants and clerks. 

The Auditor of State. — The accounts of all the 
money received by the State through taxation and 


THE STATE —THE EXECUTIVE DEPARTMENT 57 

other sources and of the money paid out for various 
purposes are kept by the Auditor of State. He draws 
all warrants on the State Treasurer for money to be 
paid out of the treasury in accordance with law. He 
receives and settles all claims against the State. It is 
his duty to apportion the interest on the permanent 
school fund among the counties of the State. He over¬ 
sees the enforcement of the State regulations concern¬ 
ing the management of banks, loan and trust com¬ 
panies, and other similar corporations; and publishes 
information for the benefit of the people of the State. 
Every two years he is required to make a report to the 
Governor showing the financial condition and resources 
of the State. 

The Treasurer of State. — This officer receives and 
has charge of all the money belonging to the State, 
and pays it out on orders drawn by the State Auditor 
in accordance with the appropriations made by the 
legislature. On account of the fact that he has the 
custody of such large sums of money he is required 
to give a very heavy bond. The Treasurer must keep 
account books in which to make a record of all money 
received and paid out by him. 

Salaries. — Each of the officers above named re¬ 
ceives a definite salary which is fixed by law. The 
salary of the Governor is $5000 a year, with $1200 
additional for his services as a member of the 
Executive Council and an allowance of $1200 each 
biennial period for house rent. The Lieutenant Gov¬ 
ernor as presiding officer of the Senate receives twice 
the compensation of members of the General Assembly 
and the same mileage. The Secretary of State, the 


58 


THE GOVERNMENT OF IOWA 


Auditor, and the Treasurer all receive salaries of $3600 
a year. 

The Executive Council. — In addition to performing 
the regular duties of their offices the Governor, the 
Secretary of State, the Auditor, and the Treasurer, 
acting together, form the Executive Council. In this 
capacity they have a great many functions, among 
which may be mentioned the auditing of all claims of 
State officers and employees for expenses and per diem; 
the purchase of all supplies and furniture and the mak¬ 
ing of contracts for fuel and lights for all the State 
offices; the assessment of the property of railway, 
sleeping car, express, telephone, and telegraph com¬ 
panies ; the equalization of property valuations be¬ 
tween counties; the canvass of election returns; and 
the direction of the taking of the State census. 

It will thus be seen that the members of the Execu¬ 
tive Council are heavily burdened with duties. 

The Board of Control. — Before 1898 nearly all the 
State charitable and penal institutions were managed 
by separate boards. But in 1898 the General Assem¬ 
bly passed a law placing all these institutions under 
the supervision of the Board of Control of State Insti¬ 
tutions composed of three members appointed by the 
Governor with the consent of the Senate for a term of 
six years. One member retires every two years. 

The following institutions are at present under the 
supervision of the Board of Control: 

The Iowa Soldiers’ Orphans’ Home at Davenport. 

The Iowa Soldiers’ Home at Marshalltown. 

The School for the Deaf at Council Bluffs. 

The Institution for Feeble-minded Children at Glenwood. 


THE STATE —THE EXECUTIVE DEPARTMENT 59 


The Mt. Pleasant State Hospital for the Insane. 

The Independence State Hospital for the Insane. 

The Clarinda State Hospital for the Insane. 

The Cherokee State Hospital for the Insane. 

The State Hospital for Inebriates at Knoxville. 

The State Hospital for Female Inebriates at Mt. Pleasant. 

The Sanitorium for the Treatment of Tuberculosis at 
Oakdale, near Iowa City. 

The State Colony for Epileptics near Woodward. 

The Industrial School for Boys at Eldora. 

The Industrial School for Girls at Mitchellville. 

The Reformatory at Anamosa. 

The Industrial Reformatory for Females at Anamosa. 

The Penitentiary at Fort Madison. 

The Board of Control makes rules for the manage¬ 
ment of all these institutions, lets contracts for the fur¬ 
nishing of supplies, visits the institutions, confers with 
the officers in charge, makes reports to the Governor 
and the General Assembly, keeps itself informed on 
the methods employed in other States and countries 
in managing similar institutions, and performs many 
other duties. 

Each of the members of the Board of Control re¬ 
ceives a salary of $3000 a year and all necessary 
traveling expenses. 

The State Board of Education. — This board, which 
manages the affairs of the three great educational 
institutions of the State, together with the College for 
the Blind at Vinton, is discussed in Chapter XII. 

The Board of Railroad Commissioners. — This board 
is composed of three members elected by the people of 
the State, and their term of office is four years. 


60 


THE GOVERNMENT OF IOWA 


It is the duty of the Railroad Commissioners to exer¬ 
cise supervision over all the railroads of the State, 
both steam and electric, except street railways, in such 
matters as rates, service, equipment, safety devices, 
and measures to promote the safety of employees and 
of the public; and to prosecute companies for viola¬ 
tions of the law. Express companies are also under the 
supervision of this board. 

Each of the Railroad Commissioners receives a salary 
of $2200 a year. 

The Commerce Counsel. — The Board of Railroad 

Commissioners, with the consent of the Senate, ap¬ 
points a Commerce Counsel, who holds office for four 
years and receives a salary of $5000. He is the legal 
adviser of the Railroad Commissioners and assists 
them in their duties. 

The Commissioner of Insurance. — Formerly all 
insurance companies doing business in the State were 
regulated by the State Auditor. But in 1913 the 
General Assembly created the office of Commissioner 
of Insurance. This officer is appointed by the Governor 
with the consent of the Senate for a term of four years 
at a salary of $3000. He has supervision of insurance 
companies and is charged with the enforcement of the 
insurance laws of the State. 

The Industrial Commissioner. — Another office 
created by the General Assembly in 1913 is the office 
of Iowa Industrial Commissioner. This officer is also 
appointed by the Governor, receives a salary of $3000, 
and his term of office is six years. His duties are con¬ 
cerned chiefly with the enforcement of the employers’ 
liability and workmen’s compensation law. 


THE STATE —THE EXECUTIVE DEPARTMENT 61 


Other Executive Officers. — In addition to the of¬ 
ficers already named there are the following executive 
officers, whose duties are implied in their titles: 

State Printer. 

State Binder. 

Custodian of Public Buildings and Property 

Director of Weather and Crop Service. 

Fish and Game Warden. 

Dairy and Food Commissioner. 

State Fire Marshal. 

State Veterinary Surgeon. 

Hotel Inspector. 

Inspector of Bees. 

State Inspector of Boats. 

State Inspector of Oils. 

State Mine Inspectors. 

Inspector of Weights and Measures. 

The first two officers in this list are elected by the 
General Assembly and receive pay for their services at 
a rate fixed by law. Most of the other officers are 
appointed by the Governor and receive either definite 
salaries or a per diem or fees for their services. In 
most cases they are aided by deputies and assistants. 

Other Administrative Boards. — There are, also, 
the following administrative boards and commissions 
in addition to those already named: 

Board of Curators of the State Historical Society of Iowa 
(at Iowa City). 

Board of Library Trustees (of the State Library, Histori¬ 
cal Department of Iowa, and Hall of Archives at Des Moines). 

Board of Health. 

Board of Parole. 


62 


THE GOVERNMENT OF IOWA 


Board of Educational Examiners. 

Board of Dental Examiners. 

Board of Law Examiners. 

Board of Medical Examiners. 

Board of Optometry Examiners. 

Board of Examiners for Mine Inspectors. 

Board of Voting Machine Commissioners. 

Geological Board. 

State Board of Agriculture. 

Commission of Animal Health. 

Bureau of Labor Statistics. 

Iowa Library Commission. 

State Highway Commission. (See Chapter XI.) 

Commissioners of Pharmacy. 

The number of members on these different boards 
and commissions varies from one to nineteen. In 
some cases the boards are ex officio, that is, they are 
made up of persons who are members by virtue of hold¬ 
ing some office. In other cases the members are ap¬ 
pointed, mostly by the Governor. Where there is any 
compensation it is a per diem, except in a few cases. 

Suggestions. — The Iowa Official Register should be 
used for reference purposes in connection with this chapter. 

Pupils should be required to make reports on the various 
State offices, boards, and commissions. 

QUESTIONS 

1. How is the Governor chosen? What is his term of 
office ? 

2. What are the relations between the Governor and the 
General Assembly ? What is meant by a limited veto 
power ? 


THE STATE —THE EXECUTIVE DEPARTMENT 63 


3. What officers does the Governor appoint? 

4. What is the law of succession to the office of Governor ? 
What is the chief function of the Lieutenant Governor ? 

5. What are the duties of the Secretary of State ? Of the 
Auditor ? Of the Treasurer ? 

6. Who are members of the Executive Council ? What are 
the duties of the Executive Council? In what ways does 
the Executive Council differ from the President’s Cabinet ? 

7. Name the institutions managed by the Board of Con¬ 
trol ? Which of these institutions are penal institutions ? 

8. What are the duties of the Railroad Commissioners? 
How are they chosen ? 

9. Name ten other executive officers and ten boards and 
commissions. 


CHAPTER VIII 


THE STATE —THE JUDICIAL DEPARTMENT 

The Courts. — The purpose of the courts is to pro¬ 
tect the people from personal wrong or injury and to 
make them secure in the possession of property. The 
courts interpret the laws passed by the legislature and 
apply them to individual cases. In Iowa there are 
four kinds of courts; namely, Justice of the Peace 
Courts, District Courts, Superior Courts, and the 
Supreme Court. 

Lawsuits. — If a person wishes to collect a debt 
which he has been unable to obtain in any other 
way, if he desires to secure payment for injury to 
himself or for damage to his property, or if he 
wishes to protect himself or his property from some 
threatened wrong, he may bring a suit in the courts. 
Lawsuits of this character are called civil cases. 
Criminal cases, on the other hand, are those in 
which attempts are made through the courts to secure 
the conviction and punishment of persons accused or 
suspected of offenses against society, such as murder, 
assault and battery, larceny, robbery, arson, and the 
like. 

The person who starts the suit or makes the com¬ 
plaint in a civil case is called the plaintiff; while the 
one against whom the suit is brought is known as the 
defendant. Both parties to a lawsuit usually employ 
04 


THE STATE —THE JUDICIAL DEPARTMENT 65 


attorneys to plead their cases in the court. In crim¬ 
inal cases the State is always the plaintiff. 

The Justices of the Peace Courts. — The lowest 
court is that conducted by the Justice of the Peace. 
Two justices are elected every two years by the people 
of each township. Justices of the Peace must reside 
within the township where they are elected in order 
that it may be easy for the people to find them at all 
times. At the same time they are classed as county 
officers and have jurisdiction over cases arising any¬ 
where within the county in which they live. Their 
jurisdiction in civil cases is limited to the trial of cases 
where the amount in controversy does not exceed one 
hundred dollars; although with the consent of both 
parties to the suit this amount may be extended to 
three hundred dollars. They may also try criminal 
cases in which the penalty prescribed by law does not 
exceed a fine of one hundred dollars or imprisonment 
for thirty days. 

Furthermore, the Justice of the Peace may hold a 
preliminary hearing in any criminal case. If there is 
evidence of guilt, the person accused of committing 
the offense is bound over to appear before the grand 
jury, being either confined in the county jail or released 
on bail in the meantime. In order to be released on 
bail, the accused person must get two or more men to 
sign a bond that they will pay a certain amount of 
money if he does not present himself for trial at the 
proper time. 

A Justice of the Peace may also perform the marriage 
ceremony and may act as a coroner. 

The District Court. — The court in which all the 




t 




The Judicial Districts 











































































THE STATE —THE JUDICIAL DEPARTMENT 67 


more important cases are tried is the District Court. 
The State is divided into twenty-one judicial districts, 
each district having from one to five judges according to 
popul ation and amount of j udicial business. The j udges, 
of whom there are now fifty-nine altogether, are nomi¬ 
nated and elected on a non-partisan ticket for a term of 
four years by the people of the district over which they 
preside. Each judge receives a salary of $3500 a year. 

Most of the judicial districts, as will be seen from the 
accompanying map, contain several counties; and the 
law requires that at least four sittings of the court 
shall be held in each county each year. 

Superior Courts. — The Superior Courts constitute 
what might be called a special feature in the judicial 
system of Iowa. Moreover, they are not higher courts 
than the District Court, as the name would seem to 
indicate. The law merely provides that any city con¬ 
taining four thousand inhabitants or more may vote 
to establish a Superior Court, which takes the place 
of the mayor’s court or the police court and tries all 
cases arising under the ordinances of the city. The 
Superior Court also has concurrent jurisdiction with 
the Justice of the Peace in all cases and with the 
District Court in most civil cases. Superior Courts 
have thus far been established only in the following 
seven cities: Cedar Rapids, Council Bluffs, Grinnell, 
Keokuk, Oelwein, Perry, and Shenandoah. 

The Judge of the Superior Court is nominated and 
elected by the people of the city on a non-partisan 
ticket. His term of office is four years and he receives 
a salary of $2000 or $3000 a year, according to the 
population of the city. 


68 


THE GOVERNMENT OF IOWA 


The Supreme Court. — The highest court in Iowa 
is the Supreme Court, composed of seven justices 
nominated and elected on a non-partisan ticket by the 
people of the State for a term of six years. Two jus¬ 
tices are chosen every two years, except in 1914, 1920, 
etc., when three will be elected. Each justice receives 
a salary of $6000 annually. The position of Chief 
Justice is held in rotation for a period of one year ac¬ 
cording to the seniority either in service or in age of 
those whose terms of office next expire. 

The Supreme Court holds three sessions each year 
in the capitol building at Des Moines, beginning in 
January, May, and September. For the purpose of 
handling the large number of cases which come before 
it the court is now divided into two divisions, the Chief 
Justice presiding over each division in open session. 

Scarcely any lawsuits are ever begun in the Supreme 
Court, the chief function of which is to review cases 
which are appealed from the lower courts and determine 
whether the judge of the lower court made a correct 
interpretation of the law. This is what it means in 
the constitution when it states that the Supreme Court 
“ shall constitute a court for the correction of errors 
at law.” 

Connected with the Supreme Court are the Clerk 
of the Supreme Court and the Supreme Court Re¬ 
porter, both of whom are now appointed by the court 
itself, although previous to 1913 they were elected by 
the people of the State. 

Appeals. — In case either of the parties to a suit in 
the Justice of the Peace Court is dissatisfied with the 
decision, he may appeal the case to the District Court, 


THE STATE —THE JUDICIAL DEPARTMENT 69 

except in civil cases where the amount of money 
involved is less than twenty-five dollars. With cer¬ 
tain restrictions cases may likewise be appealed from 
the District Court to the Supreme Court of the State; 
and in some cases an appeal may be taken from the 
latter tribunal to the United States courts. The right 
of appeal is granted for the purpose of protecting the 
people from injustice and from prejudice or ignorance 
on the part of judges; but it is a right which is often 
abused. 

The County Attorney. — The County Attorney repre¬ 
sents the State and the county in cases arising in the 
District Court in his own county. The duties of this 
officer are more fully discussed in Chapter V. 

The Attorney-General. — The Attorney-General, 
elected by the people for a term of two years, fills about 
the same position in the State government as the 
County Attorney occupies in the county. He takes 
charge of all criminal cases in the Supreme Court, repre¬ 
sents the State whenever it is a party to a suit, and is 
the legal adviser of the General Assembly and the State 
officers, although they are not obliged to follow his 
advice. 

The County Attorney and the Attorney-General 
are both very important officers, for upon them de¬ 
pends much of the success of the enforcement of the 
laws and the bringing of criminals to justice. They 
may bring suit to remove certain officers who have 
failed to perform their duties and may begin proceed¬ 
ings in criminal cases. 


70 


THE GOVERNMENT OF IOWA 


Suggestions. — Pupils should attend a trial in the Jus¬ 
tice of the Peace Court and observe the procedure. 

Blanks, such as warrants, subpoenas, and the like, should 
be secured and used for purposes of illustration. 

A comparison should be made of the systems of judicial 
procedure in England and in the United States. 

There should be a discussion of the recall of judges and 
the recall of judicial decisions. 

QUESTIONS 

1. What kinds of courts are there in Iowa ? What is the 
purpose of the courts ? 

2. What is a lawsuit ? What is a civil case ? A criminal 
case? 

3. What is the jurisdiction of the Justice of the Peace? 

4. What is meant by bail ? 

5. How many judicial districts are there in Iowa? How 
many district judges ? Where is the District Court held ? 

6. What are Superior Courts? 

7. Of how many Justices is the Supreme Court composed ? 
How are they chosen? What are the special functions of 
the Supreme Court ? 

8. What is meant by an appeal ? 

9. What are the duties of the Attorney-General ?' 


CHAPTER IX 


ELECTIONS 

The Right to Vote. — In the United States all 
government rests on the will of the people; that is, 
the governments, from the township up to the nation, 
are administered by representatives chosen by the 
people. By the suffrage or the right to vote is meant 
the right to choose these representatives or officers. 
Strictly speaking, voting is not a right which belongs 
to all the people (like, for instance, the right to life, 
liberty, and the pursuit of happiness), but it is a privi¬ 
lege which is granted by the ^constitution of the State 
to a certain class of the citizens. It will be seen, there¬ 
fore, that citizenship and the suffrage do not mean the 
same thing, since only a part of the citizens are allowed 
to vote. 

Voters. — The constitution of Iowa provides that 
“ every male citizen of the United States, of the age of 
twenty-one years, who shall have been a resident of 
this state six months next preceding the election, and 
of the county in which he claims his vote, sixty days, 
shall be entitled to vote at all elections.” The suffrage 
is denied, however, to idiots and insane persons, and 
to persons convicted of any infamous crime. 

It has already been noticed that women are per¬ 
mitted to vote on questions of raising the tax levies 
or issuing bonds for municipal and school purposes. 

71 


72 


THE GOVERNMENT OF IOWA 


But an amendment to the constitution giving women 
the right to vote at all elections has passed one General 
Assembly and is now (1914) awaiting further action 
of the legislature in 1915. 

The Registration of Voters. — In order to prevent 
fraud and illegal voting, the law requires that all voters 
in cities of a population of 3500 or over must be regis¬ 
tered prior to the general election, or they will not be 
allowed to vote. The Council appoints two registration 
officials for each election precinct, one from each of the 
two leading political parties. These officials meet at 
the usual places of holding elections on the second 
Thursday prior to the general election, and continue in 
session two days (except in years of presidential elec¬ 
tions, when they meet for three days) from eight o’clock 
in the morning until nine o’clock at night. 

The voters present themselves to the registration 
officials and under oath state their names, ages, places 
of residence, places of birth, dates of naturalization if 
foreign-born, and various other facts — all of which 
are recorded by the officials in a registry book. In 
this way it is possible to know who has a right to vote 
and who has not. 

If, on account of absence from the city or for some 
other reason, a legal voter fails to register on the regu¬ 
lar registration days, he may be allowed to register on 
the day of the election. 

Registration is required only every four years — 
the years of presidential elections — unless the voter 
removes to a new election precinct. 

The Time of holding Elections. — In the early his¬ 
tory of Iowa as many as three or four elections were 


ELECTIONS 


73 


held every year, part of the officers being elected at 
one time and part at another. But now all elective 
State, district, county, and township officers are 
elected at the general election held every two years on 
the Tuesday following the first Monday in November. 
City and town officers, however, are elected biennially 
on the last Monday in March; and school elections 
are held annually on the second Monday in March. 

The Places of holding Elections. — In order that 
people may not be obliged to go long distances to vote, 
election precincts have been established, varying in 
area to suit the convenience of the voters. In each 
precinct there is a polling place where the votes are 
cast; and at each polling place there may be found a 
booth or booths into which the voters go and cast their 
ballots in secrecy. The polls must be open to voters 
in cities of a population of 3500 or over from seven 
o’clock in the morning to seven in the evening; while 
in all other places the hours are from eight in the morn¬ 
ing to seven in the evening. 

The Ballots. — The choice of the voter is expressed 
by means of a ballot or sheet of paper on which he indi¬ 
cates the candidates for whom he votes. At one time 
each political party printed its own ballots or tickets. 
But in 1892 the Australian ballot system was adopted 
in Iowa, so that now the ballots are officially printed 
and contain the names of all the candidates of all the 
political parties. At the head of the ballot are the 
names of the political parties and in columns under¬ 
neath the names of the parties are the names of the 
candidates of each of the parties for the various offices. 

In many places voting machines are used and in 


74 


THE GOVERNMENT OF IOWA 


such cases there are no printed ballots. The voting 
machine is an ingenious device operating in some 
respects like the cash register. The voter indicates 
his choice by moving a number of small levers. The 
machine not only records each person’s vote, but it 
also automatically counts the votes cast for each of the 
candidates. Its use is especially beneficial in precincts 
where there is a large number of voters, since it takes 
less time to vote on the machine than it usually does 
to mark, fold, and deposit the ballot. 

The Method of conducting Elections. — On election 
day the voters go to the polling place to vote. Across 
the room in which the voting takes place there is a 
railing, with a gate for the entrance and exit of voters. 
The election officials, consisting of three judges and 
two clerks, are seated at tables behind the railing and 
there is a gatekeeper standing at the gate. When the 
voter approaches the gate he announces his name, and 
if his name appears on the registry list and if there is 
no reason why he should not vote, he is allowed to 
enter. He then receives from one of the election judges 
an official ballot (except where voting machines are 
used) which he takes with him into one of the booths 
which are behind the railing, only one person being 
permitted to enter a booth at a time. There the voter 
marks the ballot, or, in other words, votes, and after 
folding the ballot so that the initials of the election 
judge appear on the outside, he leaves the booth, and 
hands the ballot to the judge, who deposits it in the 
ballot box. This completes the process of voting and 
the voter immediately goes out from behind the railing. 

Where voting machines are used the process is the 


ELECTIONS 


75 


same, except that no printed ballots are used. The 
voter receives permission to enter the booth, and when 
he has voted he may at once pass from the room. 

Challenging. — Any person offering to vote on elec¬ 
tion day may be challenged if any voter or election 
judge has reason to believe such a person is not quali¬ 
fied to vote. In case of a challenge the person must 
take an oath that he has a right to vote. Challengers 
are usually chosen by each of the political parties to 
be at the polls on election day and challenge the quali¬ 
fications of persons whom they think should not be 
allowed to vote. Challenges, however, are not fre¬ 
quent in most precincts. 

Canvassing the Votes. — After the polls have been 
closed the election judges immediately begin to count 
the votes cast for each candidate. Where voting 
machines are used the result is known as soon as the 
last vote is cast, since the machine automatically counts 
the votes. But where ballots are used the counting 
is usually quite a long task. 

When the votes have been counted the judges de¬ 
clare the election of those candidates who have received 
the highest number of votes for offices in that particu¬ 
lar precinct. The results or returns of the votes for 
all other officers are sent from each precinct to the 
proper city, township, county, or State authorities. 
The returns from city precincts are canvassed by the 
Mayor and City Clerk, unless the Mayor was himself 
a candidate at the election, in which case a Justice 
of the Peace is chosen to act in his place. Returns 
for township officers are canvassed by the Trustees 
and the Township Clerk; for county officers by the 


76 


THE GOVERNMENT OF IOWA 


Board of Supervisors; and for Representatives in 
Congress, presidential electors, and all State officers 
except Governor and Lieutenant Governor by the 
Executive Council. The constitution provides that 
the returns for Governor and Lieutenant Governor 
shall be canvassed by the General Assembly. 

The Nomination of Candidates. — Scarcely less 
important than the election of officers is the nomina¬ 
tion of the candidates who are to be voted upon. Until 
recent years all candidates in Iowa were nominated by 
the caucus or convention. The voters of each politi¬ 
cal party in each township, town, or ward of a city held 
a meeting at a certain time, nominated candidates for 
local offices, and chose delegates to the county con¬ 
vention. At the county convention candidates for 
county offices were nominated and delegates chosen to 
the State convention. In a similar way the State 
convention of each party nominated candidates for 
State offices and chose delegates to the national con¬ 
vention. 

But the convention system had defects. In the 
first place, only a few people were sufficiently interested 
to attend the caucuses; and in the second place, people 
began to feel that the caucuses and conventions were 
easily managed by politicians and bosses to promote 
their own selfish interests. 

Primary Elections. — For the purposes of correct¬ 
ing the abuses which had .arisen under the convention 
system and to enable the people to take a more direct 
part in the nomination of officers the primary election 
law was passed in 1907. Therefore, candidates for 
nearly all State, county, and township offices are now 


ELECTIONS 


77 


nominated by the voters of each party at primary elec¬ 
tions instead of in caucuses or conventions. 

If a person wishes to become a candidate for nomi¬ 
nation for any office, he must file with the proper officials 
a nomination paper signed by a certain per cent of the 
voters of the political party to which he belongs. His 
name is then printed on the official primary election 
ballot. 

Primary elections are held every two years on the 
first Monday in June and are conducted in much the 
same manner as regular elections. When the voter 
presents himself at the polling place he states the 
political party to which he belongs and a ballot of 
that party is given to him. He then enters one of the 
booths and marks the ballot just as at regular elections. 

The persons receiving the largest number of votes 
at the primary election usually become the candidates 
of their respective parties at the following regular 
election. In case there are several candidates for nomi¬ 
nation for the same office on the same party ticket and 
no one receives as high as thirty-five per cent of the 
total number of votes cast by that party, then it is 
declared that no nomination has been made, and the 
party must nominate its candidate for that office at a 
convention which is provided for by law. 

Corrupt Practices. In Iowa, as in other States, the 
law prohibits “ corrupt practices ” in political cam¬ 
paigns and at elections, such as illegal voting and 
bribery, treating, or employing undue influence to secure 
votes. Betting on election results is also forbidden, 
and candidates are required to file sworn statements 
of campaign contributions and expenditures. The 


78 


THE GOVERNMENT OF IOWA 


purpose of these laws is to prevent any actions which 
will hinder the voter in expressing his unbiased judg¬ 
ment at elections. 

Political Parties. — Political parties are made up of 
groups of people who hold similar views on govern¬ 
mental policies; they are the means through which 
people express their ideas of how the government 
should be run. Each of the parties draws up a plat¬ 
form, nominates candidates for office, and conducts a 
political campaign previous to the elections. Each 
party is thoroughly organized with committees in every 
township, town, city, and county, as well as in the State 
and Nation. These committees distribute literature, 
arrange for meetings, provide speakers, and, in general, 
look after the interests of their parties in the political 
campaigns. 

Political parties are not established by law; they 
are voluntary organizations, but they are practically 
permanent and are an essential feature of government 
in the United States. 

Suggestions. —- Instruction ballots should be secured 
from election officials and used in teaching the method of 
marking ballots. 

Mock elections should be held by the pupils in order to 
secure practice in the method of voting. For instance, they 
might choose their class officers in this manner. 

Pupils should endeavor to learn all they can about the 
candidates at elections and find out the things for which each 
political party stands. 

An investigation might be made to see to what extent the 
voters in your township, town, or city take part in elec¬ 
tions, and especially in primary elections. 

The merits of the short ballot movement should be studied. 


ELECTIONS 


79 


QUESTIONS 

1. What is meant by the suffrage? Are all citizens 
allowed to vote ? 

2. Who are voters in Iowa? On what questions may 
women vote ? 

3. What is the process of the registration of voters ? 

4. When are elections held in Iowa ? 

5. Describe the process of voting. 

6. What is meant by the challenging of Voters ? 

7. How are the votes canvassed? 

8. How are candidates nominated? When are primary 
elections held ? 

9. What are corrupt practices ? 

10. What is the function of political parties? 


CHAPTER X 


TAXATION 

Reasons for Taxation. — If we are to have govern¬ 
ments, State and local, to carry on the business of the 
public and to protect and promote the interests of the 
people, there must be money with which to pay the 
salaries of officers and to defray other expenses of run¬ 
ning the government. This money is raised by means 
of taxation. Each citizen contributes according to the 
value of his property toward the maintenance of the 
government, which in turn protects his life, liberty, 
and property. 

Kinds of Taxes. — The general property tax, which 
is a tax of a certain per cent levied on real and personal 
property, is the chief source of public revenue in Iowa. 
But there are several special taxes from which a con¬ 
siderable amount of money is derived, as, for instance, 
the poll tax, the inheritance tax, corporation taxes, 
road taxes, motor vehicle taxes, and the dog tax. 

The Levy of Taxes. — The first thing to be deter¬ 
mined in the process of taxation is how much money 
must be raised for the support of the State and local 
governments. This is known as the levy of taxes. 
The levy for State purposes is made by the General 
Assembly, for county purposes by the Board of Super¬ 
visors, for the township by the Trustees, and for the 
use of the city or town by the Council. 

80 


TAXATION 


81 


The Assessment of Property. — Since the people 
pay taxes in proportion to the property they own, it is 
necessary to make a list of all their property and assess 
it, or, in other words, place a valuation on it. This, 
as has been seen, is the duty of the Assessor, who goes 
around once every year listing $11 the property and 
placing a valuation on it. While property is supposed 
to be listed at its full cash value, it is only assessed at 
one-fourth that amount. 

Equalization. — After property has been assessed 
it is very often found that there are inequalities in 
assessments. For instance, one piece of land may be 
assessed at fifty dollars an acre, while another piece 
equally good and lying just across the road may be 
assessed at only thirty dollars an acre. Again, the 
average assessed value of cattle in one township or 
county may be five or six dollars per head, while in 
another township or county it may be eight or ten 
dollars. This state of affairs shows that something 
must be wrong, and people often complain that they 
have not been treated fairly. 

The process of making assessments more uniform is 
termed equalization, and it is performed by boards of 
review who are required to go over the assessment 
lists and correct inequalities when they find them. The 
Council acts as the board of review for the. city or town, 
the Trustees for the township, the Board of Supervisors 
for the county, and the Executive Council for the State. 

The Tax Rate. — When the amount of money to be 
raised by taxation has been determined, and the assess¬ 
ment and equalization have been completed, it still 
remains to be decided how much each taxpayer must 


82 


THE GOVERNMENT OF IOWA 


pay. In other words the rate of taxation must be 
determined. This is done by dividing the total amount 
of taxes to be raised for all purposes (State and local) 
in a particular county, for instance, by the total as¬ 
sessed valuation of the property in that county. The 
result is a percentage .which is usually stated as so many 
mills on the dollar, and every property owner is 
obliged to pay taxes equal in amount to this percent¬ 
age of the assessed value of his property. 

The Collection of Taxes. — All general property 
taxes, both State and local, are collected by the County 
Treasurer and disposed of in accordance with the law. 
Taxes may be paid in two installments each year, one 
half between the first Monday in January and the first 
day of March and the other half before the first day of 
the following September. Taxes not paid within one 
month after they are due are declared to be delinquent 
and one per cent each month until paid is added as a 
penalty. Furthermore, the property of persons whose 
taxes are not paid before the first Monday in December 
is sold at public auction and as much of the proceeds 
as is necessary is applied to the payment of the taxes; 
although property thus sold may afterwards be re¬ 
deemed. 

Special provisions are made for the collection of the 
other kinds of taxes. 

Exemptions. — Certain property is exempted from 
taxation. In this list is all government property, 
such as arsenals, post offices, and other property be¬ 
longing to the federal government; State property, 
including all the lands and buildings owned by the 
State; and courthouses, city halls, libraries, school 


TAXATION 


83 


buildings and grounds, and other property of the 
county, city, and school corporation. The property 
owned and used by agricultural, benevolent, scientific, 
educational, and religious societies is also in this 
class ; as are also certain kinds and amounts of personal 
property. Exemptions from taxation are sometimes 
granted for the purpose of encouraging the growth of cer¬ 
tain industries. Altogether there is a surprisingly large 
amount of property against which no taxes are assessed. 

Suggestions. — Copies of the revenue laws of Iowa should 
be secured from the Secretary of State and used in connec¬ 
tion with this chapter. 

Old tax receipts should be secured and used for purposes 
of illustration. 

The rates of taxation for various purposes should be learned 
and discussed, as should also the special kinds of taxation. 

Pupils should watch the newspapers for articles or edi¬ 
torials on the subject of taxation. 

QUESTIONS 

1. What are the reasons for taxation? 

2. What is the general property tax ? What other kinds 
of taxes are there ? 

3. What is meant by the levy of taxes ? How is the levy 
made ? 

4. What is meant by the assessment of property? At 
what valuation is property assessed ? 

5. What is the correction of inequalities in assessments 
called ? 

6. What is the tax rate ? How is it determined ? 

7. By whom are taxes collected? When must taxes be 
paid ? What happens if taxes are not paid when due ? 

8. What property is exempt from taxation ? 


CHAPTER XI 


ROADS 

Early Roads. — When the first settlers came to the 
Iowa country the only roads were Indian trails and the 
paths made by herds of buffaloes. And so the settlers 
traveled across the country as best they could for 
several years. But as the settlements became nu¬ 
merous, definite roads were badly needed. Consequently 
a large number of roads were established and laid out 
by the territorial government, and many of these 
roads are still in use in the eastern part of the State. 
They do not run on section lines, but follow the ridges 
and highlands as much as possible, and thus, as a rule, 
they are in better condition than the average country 
roads, especially during the rainy seasons. 

Establishment and Care of Roads. — Roads are 
established and constructed and bridges are built by 
the Board of Supervisors in each county. They also 
have general charge of the repair and improvement of 
certain roads which constitute what is known as the 
county road system. The law requires that the Super¬ 
visors shall appoint a competent County Engineer 
who shall act under their direction in overseeing the 
county road and bridge work. 

All roads not cared for by the Supervisors are under 
the direction of the Township Trustees and form what 
is called the township road system. Formerly the 
84 


ROADS 


85 


township was divided into road districts, each with a 
road superintendent. But in 1913 a law was passed 
which declared that the township should constitute 
one road district and that the Trustees should appoint 
a superintendent to have charge of the road work of 
the entire township. 

The streets in cities and towns are laid out* improved, 
and cared for under the direction of a street commis¬ 
sioner appointed by the mayor. 

Road Taxes. — The expense of building and repair¬ 
ing roads is defrayed by means of taxes levied by the 
proper authorities in the county, township, town, or 
city. These taxes may be paid in part by work on the 
roads if the Township Trustees so determine. Fur¬ 
thermore, every able-bodied man between the ages of 
twenty-one and forty-five is required to labor on the 
highways for two days each year or pay a certain sum of 
money in place of such labor. 

The State Highway Commission. — The State High¬ 
way Commission, located at Ames, consists of three 
members — the Dean of Engineering at the Iowa 
State College of Agriculture and Mechanic Arts and 
two persons appointed by the Governor. It is the duty 
of the Commission to adopt and furnish standard 
plans for highway construction, to distribute informa¬ 
tion to county officials relative to the improvement 
of roads, and in general to exercise supervision over 
local officers in the performance of all duties connected 
with roads and bridges. One-eighth of the money 
derived from the motor vehicle taxes is set aside for 
the support of the Commission. 


86 


THE GOVERNMENT OF IOWA 


Suggestions. — A copy of the road laws of the State 
should be secured and studied. Especial attention might 
be given to the laws regulating the use of motor vehicles on 
the highways. 

Discuss the best methods and materials to be employed 
in the construction of permanent highways. 

Valuable information may be obtained by writing to the 
State Highway Commission, Ames, Iowa. 

QUESTIONS 

1. Why are the old territorial roads often better than 
those later established? 

2. How are roads established and cared for ? By whom is 
the County Engineer appointed ? 

3. How are road expenses paid ? 

4. What are the functions of the State Highway Com¬ 
mission ? 


CHAPTER XII 


THE STATE EDUCATIONAL SYSTEM 

The System of Schools. — The public schools of 
Iowa are so organized that it is possible for a boy or 
girl to enter the kindergarten and proceed step by step 
until he or she has received the highest degree granted 
by the State University. (Local school affairs are 
discussed in Chapter II.) 

School Funds. — The money used for the support 
of the public schools of the State is derived from two 
sources : from certain funds and from taxation. There 
are two funds; namely, the permanent school fund 
and the temporary school fund. 

During the early history of Iowa a large amount of 
land was given to the State by Congress to be used for 
school purposes. This land, which consisted of one 
section in each congressional township in addition to 
a grant of five hundred thousand acres and several 
other grants, has been sold by the State and the pro¬ 
ceeds set aside as a permanent school fund. The pro¬ 
ceeds of the sale of property which reverts to the 
State because the owner died without heirs and with¬ 
out making a will, also belong in this fund. This 
money is loaned and only the interest is used for school 
purposes. Thus the permanent school fund will never 
be any smaller. It is unfortunate that a large part 
of the school lands could not have been held until the 
87 


88 


THE GOVERNMENT OF IOWA 


present time, for most of them were sold for not more 
than one hundredth part of the average price per 
acre which Iowa land brings to-day. 

The temporary school fund consists of “ all for¬ 
feitures which are authorized to be made for the benefit 
of the school fund, the proceeds of all fines collected for 
violation of the penal laws, for the non-performance of 
military duty, and the proceeds of the sale of lost goods 
and estrays.” 

The proceeds of both these funds are distributed among 
the various school townships and independent districts 
in proportion to the number of persons between five 
and twenty-one years of age in each school corporation. 

School Taxes. — The money derived from the 
funds above mentioned is by no means sufficient to 
pay the expenses of maintaining the schools, and so 
school taxes are levied. The school board estimates 
and votes upon the amount of taxes needed to pay 
contingent expenses and the salaries of teachers. But 
with certain exceptions the amount paid each year in 
each school corporation for contingent expenses must 
not exceed five dollars for each person of school age; 
while the sum paid for the salaries of teachers must 
not exceed fifteen dollars for each person of school 
age. Taxes for the building of schoolhouses may 
be voted by the people at the annual school election. 
The school board may also vote taxes for the purchase 
of textbooks and for the transportation of children to 
and from school. 

The taxes voted for school purposes are levied by 
the Board of Supervisors of each county and are paid 
with the other taxes. 


THE STATE EDUCATIONAL SYSTEM 


89 


Teachers’ Certificates. — The law provides that no 
one shall be permitted to teach in the public schools 
without a license or certificate stating that he or she 
is qualified to teach. There are two general classes of 
teachers’ licenses or certificates; namely, uniform 
county certificates, consisting of first, second, and third 
class certificates issued for three, two, and one years, 
respectively, and renewable; and State certificates, 
general and special, issued for five years and renewable, 
together with State diplomas or life certificates as they 
are sometimes called. Provisional county certificates 
may also be issued for one year in special cases. 

Certificates of all kinds are granted by the State 
Board of Educational Examiners to those who are 
successful in passing the teachers’ examinations, and 
to college graduates who have fulfilled certain require¬ 
ments. 

Examinations for uniform county certificates are 
held each year under the direction of the County 
Superintendents during the last week in January, June, 
July, and October. The questions are prepared by 
the State Superintendent as chairman of the State 
Board of Educational Examiners, and the papers are 
read and graded under the direction of that Board. 
For State certificates and State diplomas the Board 
holds several examinations each year at stated times. 

County Institutes. — The County Superintendents 
are required to hold county teachers’ institutes each 
year during the time when the schools are in session. 
The teachers, except in cities where twenty-five or 
more teachers are employed, are required to attend 
these institutes for at least two days. Furthermore, 


90 


THE GOVERNMENT OF IOWA 


the County Superintendent may, if he chooses, conduct 
a summer school lasting from four to six weeks, for the 
purpose of giving instruction to teachers, and those 
desiring to teach. 

Normal Training in High Schools. — Normal train¬ 
ing courses are offered in certain high schools of the 
State for the “ purpose of increasing the facilities 
for training teachers for the rural schools, by requiring 
a review of such common branches as may be deemed 
essential by the superintendent of public instruction, 
and for instruction in elementary pedagogy and the 
art of teaching elementary agriculture and home 
economics.” A certificate of graduation from a normal 
training course entitles the holder to teach in the rural 
schools for two years without any further certificate. 

State aid to the extent of $750 a year is given to high 
schools offering normal training courses. 

The County Superintendent. — The powers and 
duties of this officer have already been discussed under 
other headings and also in Chapter V. 

The Superintendent of Public Instruction. — The 
officer who exercises general supervision over the public 
schools of the State is the Superintendent of Public 
Instruction, or, as he is usually called, the State Super¬ 
intendent. He is appointed by the Governor, with 
the consent of the Senate, for a term of four years, and 
receives a salary of $4000. 

It is the duty of the State Superintendent to direct 
the inspection of the schools and suggest changes and 
improvements; to promote a proper interest in educa¬ 
tion and especially in vocational training; to classify 
the schools of the State; to prescribe the forms in which 


THE STATE EDUCATIONAL SYSTEM 


91 


school officers and teachers shall make the reports 
which are required by law; to render opinions in cases 
of dispute; to make biennial reports to the Governor 
giving a great variety of information relative to the 
condition of the public schools; and to perform other 
duties connected with the management of the schools. 

The State Board of Educational Examiners. — This 
board is composed of the Superintendent of Public 
Instruction, the presidents of the State University and 
the State Teachers’ College, and two other persons, 
one of whom is a woman, appointed by the Governor 
for a term of four years. .As has been seen, this board 
has general charge of the examinations for teachers’ 
certificates. 

The State Board of Education. — The management 
of the State University, the State College of Agricul¬ 
ture and Mechanic Arts, and the State Teachers’ 
College is vested in the State Board of Education. 
This board, which was created by the General Assembly 
in 1909, is composed of nine members appointed by the 
Governor with the consent of the Senate. Their term 
of office is six years, three members retiring every two 
years; and they receive seven dollars a day while in 
the performance of their duties, which occupy only a 
part of their time. 

Not more than five of the members of the board may 
belong to the same political party nor may there be , 
more than one alumnus of each of the three educational 
institutions on the board. 

The Board of Education chooses the presidents and 
members of the faculties of the institutions under its 
charge and fixes their compensations; makes rules and 


92 


THE GOVERNMENT OF IOWA 



State University of Iowa 


One of the thirty buildings 


regulations for the management of the institutions; 
and has charge of the expenditure of all money appro¬ 
priated for the three schools by the General Assembly. 

This sum of money is so large and its proper expendi¬ 
ture requires such constant attention that the board 
appoints a Finance Committee composed of three 
members, who serve for three years at a yearly salary 
of S3500, and devote all their time to the work. 

The College for the Blind at Vinton is also under 
the control and management of the State Board of 
Education. 

The State University. — The highest unit in the 
public school system of Iowa is the State University of 
Iowa, located at Iowa City. Its courses are so ar¬ 
ranged that they form a direct continuation of the 
work of the accredited high schools of the State. It 
consists of colleges of liberal arts (including a summer 






THE STATE EDUCATIONAL SYSTEM 


93 



State College of Agriculture 
Central Building 


session and a summer school for library training), 
law, medicine, homeopathic medicine, dentistry, phar¬ 
macy, applied science, fine arts, education, and a 
graduate college, besides a nurses’ training school. 
Thus, preparation for almost any profession may be 
secured at the State University. 

Through the Extension Division, with its several 
departments, the University is able to minister to the 
needs of the people in all parts of the State. 

The Agricultural College. — The Iowa State College 
of Agriculture and Mechanic Arts at Ames offers regular 
courses in agriculture, engineering, veterinary medicine, 
and science, besides non-collegiate courses in agricul¬ 
ture, a summer school, and winter short courses. 
Through the Extension Department lectures and dem¬ 
onstrations on agricultural topics are given through¬ 
out the State, home study in improved methods of 






94 


THE GOVERNMENT OF IOWA 



Administration Building of the State Teachers’ College 

agriculture is promoted, and information of all kinds 
is distributed. An agricultural experiment station, 
an engineering experiment station, and the State High¬ 
way Commission are also located at Ames in connec¬ 
tion with the State College. 

The Iowa State Teachers’ College. — This college, 
which was formerly called the Iowa State Normal 
School, devotes itself chiefly to the training of teachers 
for the rural schools and the grades. There are, how¬ 
ever, special courses for the training of kindergarten 
and primary teachers, and teachers in such branches as 
music, manual training, physical training, home eco¬ 
nomics, and commerce; besides courses for the prepa¬ 
ration of high school teachers, superintendents, and 
principals. A summer school is conducted at which 







THE STATE EDUCATIONAL SYSTEM 


95 


special attention is given to the needs of persons 
desirous of reviewing the branches covered in the 
examinations for uniform county certificates. 

The State Historical Society of Iowa. — This State 
institution, located at Iowa City, devotes itself to col¬ 
lecting, preserving, and recording the history of Iowa. 
It has the largest historical library in the State; and 
every year it publishes three or four large volumes 
dealing with various subjects in Iowa history. From 
the standpoint of research and publication the State 
Historical Society of Iowa is the foremost State insti¬ 
tution of its kind in the United States. 

Other Educational Agencies. — In addition to the 
public schools and the higher State educational insti¬ 
tutions there are many private and denominational 
academies and colleges, parochial schools, and com¬ 
mercial or business colleges. Furthermore, while not 
usually classified as such, the State Library (including 
the Historical Department of Iowa and the State Law 
Library) at Des Moines, the State Fair, and many of 
the State charitable and penal institutions might be 
spoken of as educational in some of their aspects. 

Suggestions. — Several copies of the school laws of the 
State should be in every school library. 

Catalogues of the State educational institutions for the 
current year should be in every school library. 

QUESTIONS 

1. How are schools supported ? 

2. What constitutes the permanent school fund? 

3. What constitutes the temporary school fund ? 


96 


THE GOVERNMENT OF IOWA 


4. How are school taxes voted and levied ? 

5. What are the different kinds of teachers’ certificates ? 
Who grants teachers’ certificates ? By whom are examina¬ 
tions for teachers’ certificates conducted ? 

6. What provisions are made for the training of teachers ? 

7. How is the Superintendent of Public Instruction 
chosen ? What is his term of office ? What are his duties ? 

8. What is the State Board of Educational Examiners? 

9. How many members are there on the State Board of 
Education? How are they chosen? What are the duties 
of the Board ? What is the Finance Committee ? 

10. What are the special features of the three State edu¬ 
cational institutions ? 


CHAPTER XIII 


THE MILITARY FORCE OF THE STATE 

The Militia. — The militia or military force of Iowa 
consists of all able-bodied male citizens, and men of 
foreign birth who have declared their intention of 
becoming citizens, who are between the ages of eight¬ 
een and forty-five years, except honorably discharged 
soldiers, sailors, and mariners of the United States. 
The constitution also declares that no person who has 
conscientious scruples against bearing arms shall be 
compelled to perform military duty in time of peace. 

Lists of the persons liable to military duty are made 
each year by the Assessors and copies are filed in the 
office of the Adjutant General. 

The Iowa National Guard. — The part of the mili¬ 
tary force of the State which is organized is known as 
the Iowa National Guard and is made up of volunteers 
from among those subject to military duty, the term 
of enlistment being three years. The Iowa National 
Guard is at present composed of four regiments of 
twelve companies each, organized, armed, equipped, 
and disciplined in accordance with the laws of Con¬ 
gress and the regulations of the War Department. 

The members of the National Guard spend only a 
small part of their time in military service. They drill 
regularly by companies and once each year all the regi¬ 
ments hold encampments, either separately or all to- 
97 







THE MILITARY FORCE OF THE STATE 


99 


gether, for the purposes of conducting regimental 
drills and army maneuvers such as would be carried 
on in time of war. 

In cases of disturbances, riots, or insurrections which 
the sheriffs or the police officers are unable to quell, 
the Governor may call out as many companies of the 
National Guard as are necessary to preserve order and 
protect life and property. 

The National Guard may also be called out by the 
President through the Governor in case of war or rebel¬ 
lion against the United States. Thus, while the stand¬ 
ing army in this country is small, the National Guard 
of all the States forms a reserve force of drilled sol¬ 
diers which may be called upon. 

The Governor is the commander in chief of the Na¬ 
tional Guard. He appoints a military staff consisting 
of an Adjutant General, an Assistant Adjutant General, 
and twelve Aids. 


QUESTION'S 

1. Of whom is the militia of Iowa composed ? 

2. Of whom is the Iowa National Guard composed? 

3. When and by whom may the National Guard be called 
out ? 


CONSTITUTION OF IOWA 


PREAMBLE. 
ARTICLE I. 
ARTICLE II. 
ARTICLE III. 

ARTICLE IV. 
ARTICLE V. 
ARTICLE VI. 
ARTICLE VII. 
ARTICLE VIII 
ARTICLE IX. 
ARTICLE X. 

ARTICLE XI. 
ARTICLE XII. 


BILL OF RIGHTS. 

RIGHT OF SUFFRAGE. 

OF THE DISTRIBUTION OF POWERS. 

LEGISLATIVE DEPARTMENT. 
EXECUTIVE DEPARTMENT. 

JUDICIAL DEPARTMENT. 

MILITIA. 

STATE DEBTS. 

CORPORATIONS. 

EDUCATION AND SCHOOL LANDS. 
AMENDMENTS TO THE CONSTITU¬ 
TION. 

MISCELLANEOUS. 

SCHEDULE. 


PREAMBLE 

We, the People of the State of Iowa, grateful to the Supreme 
Being for the blessings hitherto enjoyed, and feeling our dependence 
on Him for a continuation of those blessings, do ordain and estab¬ 
lish a free and independent government, by the name of the State 
of Iowa, the boundaries whereof shall be as follows: 

Boundaries. Beginning in the middle of the main channel of 
the Mississippi river, at a point due east of the middle of the mouth 
of the main channel of the Des Moines river; thence up the middle 
of the main channel of the said Des Moines river, to a point on said 
river where the northern boundary line of the state of Missouri 
— as established by the constitution of that state, adopted June 12, 
1820 — crosses the said middle of the main channel of the said 
Des Moines river; thence westwardly along the said northern 
boundary line of the state of Missouri, as established at the time 
aforesaid, until an extension of said line intersects the middle of 
the main channel of the.Missouri river; thence up the middle of the 


100 


STATE CONSTITUTION 


101 


main channel of the said Missouri river to a point opposite the middle 
of the main channel of the Big Sioux river, according to Nicollet’s 
map; thence up the main channel of the said Big Sioux river, accord¬ 
ing to the said map, until it is intersected by the parallel of forty-three 
degrees and thirty minutes north latitude; thence east along said 
parallel of forty-three degrees and thirty minutes, until said parallel 
intersects the middle of the main channel of the Mississippi river; 
thence down the middle of the main channel of the said Mississippi 
river to the place of beginning. 


ARTICLE I 

BILL OF RIGHTS 

Rights of persons. Section 1. All men are, by nature, free and 
equal, and have certain inalienable rights, among which are those 
of enjoying and defending life and liberty, acquiring, possessing, 
and protecting property, and pursuing and obtaining safety and 
happiness. 

Political power. Sec. 2. All political power is inherent in the 
people. Government is instituted for the protection, security, and 
benefit of the people, and they have the right, at all times, to alter 
or reform the same, whenever the public good may require it. 

Religion. Sec. 3. The general assembly shall make no law 
respecting an establishment of religion, or prohibiting the free 
exercise thereof; nor shall any person be compelled to attend any 
place of worship, pay tithes, taxes, or other rates, for building or 
repairing places of worship, or the maintenance of any minister or 
ministry. 

Religious test. Sec. 4. No religious test shall be required as a 
qualification for any office of public trust, and no person shall be 
deprived of any of his rights, privileges, or capacities, or disqualified 
from the performance of any of his public or private duties, or ren¬ 
dered incompetent to give evidence in any court of law or equity, 
in consequence of his opinions on the subject of religion; and any 
party to any judicial proceeding shall have the right to use as a 
witness, or take the testimony of, any other person, not disqualified 
on account of interest, who may be cognizant of any fact material 
to the case; and parties to suits may be witnesses, as provided by 
law. 

Dueling. Sec. 5. Any citizen of this state who may hereafter 


102 


THE GOVERNMENT OF IOWA 


be engaged, either directly or indirectly, in a duel, either as princi¬ 
pal or accessory before the fact, shall forever be disqualified from 
holding any office under the constitution and laws of this state. 

Laws uniform. Sec. 6. All laws of a general nature shall have 
a uniform operation; the general assembly shall not grant to any 
citizen or class of citizens, privileges or immunities, which upon the 
same terms shall not equally belong to all citizens. 

Liberty of speech and the press. Sec. 7. Every person may 
speak, write, and publish his sentiments on all subjects, being re¬ 
sponsible for the abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech, or of the press. In all 
prosecutions or indictments for libel, the truth may be given in 
evidence to the jury, and if it appear to the jury that the matter 
charged as libelous was true, and was published with good motives 
and for justifiable ends, the party shall be acquitted. 

Personal security. Sec. 8. The right of the people to be secure 
in their persons, houses, papers, and effects, against unreasonable 
seizures and searches, shall not be violated; and no warrant shall 
issue but on probable cause, supported by oath or affirmation, 
particularly describing the place to be searched, and the persons and 
things to be seized. 

Trial by jury; due process of law. Sec. 9. The right of trial 
by jury shall remain inviolate; but the general assembly may author¬ 
ize trial by a jury of a less number than twelve men in inferior 
courts; but no person shall be deprived of life, liberty, or property, 
without due process of law. 

Rights of persons accused. Sec. 10. In all criminal prosecu¬ 
tions, and in cases involving the life or liberty of an individual, the 
accused shall have a right to a speedy and public trial by an impar¬ 
tial jury; to be informed of the accusation against him; to have a 
copy of the same when demanded; to be confronted with the wit¬ 
nesses against him; to have compulsory process for his wit¬ 
nesses; and to have the assistance of counsel. 

When indictment necessary. Sec. 11. All offenses less than 
felony, and in which the punishment does not exceed a fine of one 
hundred dollars, or imprisonment for thirty days, shall be tried 
summarily before a justice of the peace, or other officer authorized 
by law, on information under oath, without indictment, or the 
intervention of a grand jury, saving to the defendant the right of 
appeal; and no person shall be held to answer for any higher crimi¬ 
nal offense, unless on presentment or indictment by a grand jury. 


STATE CONSTITUTION 


103 


except in cases arising in the army or navy, or in the militia, when 
in actual service, in time of war or public danger. 

Twice tried; bail. Sec. 12. No person shall, after acquittal, be 
tried for the same offense. All persons shall, before conviction, 
be bailable by sufficient sureties, except for capital offenses, where 
the proof is evident, or the presumption great. 

Habeas corpus. Sec. 13. The writ of habeas corpus shall not 
be suspended or refused when application is made as required by 
law, unless, in case of rebellion or invasion, the public safety may 
require it. 

Military. Sec. 14. The military shall be subordinate to the 
civil power. No standing army shall be kept up by the state in 
time of peace; and in time of war no appropriation for a standing 
army shall be for a longer time than two years. 

Quartering soldiers. Sec. 15. No soldier shall, in time of 
peace, be quartered in any house without the consent of the owner, 
nor in time of war except in the manner prescribed by law. 

Treason. Sec. 16. Treason against the state shall consist only 
in levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall be convicted of treason, unless 
on the evidence of two witnesses to the same overt act, or confes¬ 
sion in open court. 

Bail; punishments. Sec. 17. Excessive bail shall not be re¬ 
quired; excessive fines shall not be imposed, and cruel and unusual 
punishment shall not be inflicted. 

Eminent domain. Sec. 18. Private property shall not be taken 
for public use without just compensation first being made, or secured 
to be made, to the owner thereof, as soon as the damages shall be 
assessed by a jury, who shall not take into consideration any 
advantages that may result to said owner on account of the im¬ 
provement for which it is taken. 

The general assembly, however, may pass laws permitting the 
owners of lands to construct drains, ditches, and levees for agricul¬ 
tural, sanitary or mining purposes across the lands of others, and 
provide for the organization of drainage districts, vest the proper 
authorities with power to construct and maintain levees, drains, 
and ditches and to keep in repair all drains, ditches, and levees 
heretofore constructed under the laws of the state, by special assess¬ 
ments upon the property benefited thereby. The general assembly 
may provide by law for the condemnation of such real estate as 
shall be necessary for the construction and maintenance of such 


104 


THE GOVERNMENT OF IOWA 


drains, ditches, and levees, and prescribe the method of making such 
condemnation. 

[By proper action of the legislature (31 G. A., joint resolution 
No. 1, and 32 G. A., joint resolution No. 2) the foregoing paragraph 
was submitted to vote of the electors at the general election of 1908, 
and was by them adopted.] 

Imprisonment for debt. Sec. 19. No persons shall be impris¬ 
oned for debt in any civil action, on mesne or final process, unless 
in case of fraud; and no person shall be imprisoned for a military 
fine in time of peace. 

Petition. Sec. 20. The people have the right freely to assemble 
together to counsel for the common good; to make known their 
opinions to their representatives, and to petition for a redress of 
grievances. 

Attainder; ex post facto law; obligation of contract.. Sec. 21. 
No bill of attainder, ex post facto law, or law impairing the obliga¬ 
tion of contracts, shall ever be passed. 

Resident aliens. Sec. 22. Foreigners who are, or may here¬ 
after become residents of this state, shall enjoy the same rights in 
respect to the possession, enjoyment, and descent of property, as 
native-born citizens. 

Slavery. Sec. 23. There shall be no slavery in this state; nor 
shall there be involuntary servitude, unless for the punishment of 
crime. 

Reservation of rents. Sec. 24. No lease or grant of agricultural 
lands, reserving any rent or service of any kind, shall be valid for a 
longer period than twenty years. 

Rights retained. Sec. 25. This enumeration of rights shall not 
be construed to impair or deny others, retained by the people. 

Intoxicating liquors. Sec. 26. No person shall manufacture 
for sale, or sell, or keep for sale, as a beverage any intoxicating 
liquors whatever, including ale, wine, and beer. The general assem¬ 
bly shall by law prescribe regulations for the enforcement of the 
prohibition herein contained, and shall thereby provide suitable 
penalties for the violation of the provisions hereof. 

[The foregoing amendment was adopted at a special election held 
on June 27, 1882. The supreme court, April 21, 1883, in the case 
of Koehler and Lange v. Hill, and reported in 60th Iowa, page 543, 
held that owing to certain irregularities the same was not legally 
submitted to the electors, and did not become a part of the con¬ 
stitution.] 


STATE CONSTITUTION 


105 


ARTICLE II 

RIGHT OF SUFFRAGE 

Electors. Section 1. Every male citizen of the United States, of 
the age of twenty-one years, who shall have been a resident of this 
state six months next preceding the election, and of the county in 
which he claims his vote, sixty days, shall be entitled to vote at all 
elections which are now or hereafter may be authorized by law. 

[By proper legislative action (11 G. A., chap. 98, and 12 G. A., 
joint res. No. XI) a proposed amendment striking the word 
“ white ” from this section, as it originally stood, was submitted 
to the electors at the general election in 1868 and adopted.] 

Privileged from arrest. Sec. 2. Electors shall, in all cases 
except treason, felony, or breach of the peace, be privileged from 
arrest on the days of election, during their attendance at such 
elections, going to and returning therefrom. 

From military duty. Sec. 3. No elector shall be obliged to per¬ 
form military duty on the day of election, except in time of war or 
public danger. 

Persons in military service. Sec. 4. No person in the military, 
naval, or marine service of the United States shall be considered 
a resident of this state by being stationed in any garrison, barrack, 
or military or naval place or station within this state. 

Insane. Sec. 5. No idiot or insane person, or person convicted 
of any infamous crime, shall be entitled to the privilege of an elector. 

Ballot. Sec. 6. All elections by the people shall be by ballot. 

General election. Sec. 7. The general election for state, district, 
county, and township officers shall be held on the Tuesday next af¬ 
ter the first Monday in November. 

[By proper action of the legislature (19 G. A., joint res. No. 12, 
and 20 G. A., joint res. No. 13) the foregoing section was submitted 
to vote of the electors at the general election in 1884, and by them 
adopted.] 


ARTICLE III 

OF THE DISTRIBUTION OF POWERS 

Departments of government. Section 1. The powers of the 
government of Iowa shall be divided into three separate depart¬ 
ments: the legislative, the executive, and the judicial; and no 


106 


THE GOVERNMENT OF IOWA 


person charged with the exercise of powers properly belonging to 
one of these departments shall exercise any function appertaining 
to either of the others, except in cases hereinafter expressly directed 
or permitted. 

LEGISLATIVE DEPARTMENT 

General assembly. Section 1. The legislative authority of 
this state shall be vested in a general assembly, which shall consist 
of a senate and house of representatives; and the style of every law 
shall be — “ Be it enacted by the General Assembly of the State of 
Iowa.” 

Sessions. Sec. 2. The sessions of the general assembly shall 
be biennial, and shall commence on the second Monday in January 
next ensuing the election of its members; unless the governor of 
the state shall, in the meantime, convene the general assembly by 
proclamation. 

Representatives. Sec. 3. The members of the house of repre¬ 
sentatives shall be chosen every second year, by the qualified elec¬ 
tors of their respective districts, on the second Tuesday in October, 
except the years of the presidential election, when the election shall 
be on the Tuesday next after the first Monday in November, and 
their term of office shall commence on the first day of January next 
after their election, and continue two years, and until their succes¬ 
sors are elected and qualified. 

[By the amendment (Sec. 7) inserted at the end of Article II, the 
election now occurs uniformly in November.] 

Eligibility. Sec. 4. No person shall be member of the house of 
representatives who shall not have attained the age of twenty-one 
years; be a male citizen of the United States, and shall have been 
an inhabitant of this state one year next preceding his election, and 
at the time of his election shall have had an actual residence of sixty 
days in the county or district he may have been chosen to represent. 

[By an amendment to the constitution properly proposed (17 
G. A., joint res. No. 5; 18 G. A., joint res. No. 6), and adopted 
by vote of the electors at the general election in 1880, the words 
“ free white ” were stricken from the second line of this section.] 

Senators. Sec. 5. Senators shall be chosen for the term of four 
years, at the same time and place as representatives; they shall 
be twenty-five years of age, and possess the qualifications of repre¬ 
sentatives as to residence and citizenship. 

Number and classification. Sec. 6. The number of senators 
shall not be less than one-third nor more than one-half the repre- 


STATE CONSTITUTION 


107 


sentative body; and shall be so classified by lot that one class, being 
as nearly one-half as possible, shall be elected every two years. 
When the number of senators is increased, they shall be annexed 
by lot to one or the other of the two classes, so as to keep them as 
nearly equal in numbers as practicable. 

Elections determined. Sec. 7. Each house shall choose its own 
officers, and judge of the qualification, election, and return of its 
own members. A contested election shall be determined in such 
manner as shall be directed by law. 

Quorum. Sec. 8. A majority of each house shall constitute a 
quorum to transact business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent mem¬ 
bers in such manner and under such penalties as each house may 
provide. 

Authority of the houses, Sec. 9. Each house shall sit upon its 
own adjournments, keep a journal of its proceedings, and publish 
the same; determine its rules of proceedings, punish members for 
disorderly behavior, and with the consent of two-thirds, expel a 
member, but not a second time for the same offense; and shall have 
all other powers necessary for a branch of the general assembly of 
a free and independent state. 

Protest. Sec. 10. Every member of the general assembly shall 
have the liberty to dissent from or protest against any act or reso¬ 
lution which he may think injurious to the public or an individual, 
and have the reasons for his dissent entered on the journals; and 
the yeas and nays of the members of either house, on any question, 
shall, at the desire of any two members present, be entered on the 
journals. 

Privilege. Sec. 11. Senators and representatives, in all cases 
except treason, felony, or breach of the peace, shall be privileged 
from arrest during the session of the general assembly, and in 
going to or returning from the same. 

Vacancies. Sec. 12. When vacancies occur in either house, 
the governor, or the person exercising the functions of governor, 
shall issue writs of election to fill such vacancies. 

Doors open. Sec. 13. The doors of each house shall be open, 
except on such occasions as, in the opinion of the house, may require 
secrecy. 

Adjournments. Sec. 14. Neither house shall, without the con¬ 
sent of the other, adjourn for more than three days, nor to any 
other place than that in which they may be sitting. 


108 


THE GOVERNMENT OF IOWA 


Bills. Sec. 15. Bills may originate in either house, and may be 
amended, altered, or rejected by the other; and every bill having 
passed both houses, shall be signed by the speaker and president of 
their respective houses. 

Approval. Sec. 16. Every bill which shall have passed the 
general assembly, shall, before it becomes a law, be presented to 
the governor. If he approve, he shall sign it; but if not, he shall 
return it, with his objections, to the house in which it originated, 
which shall enter the same upon their journal, and proceed to 
reconsider it; if, after such reconsideration, it again pass both 
houses, by yeas and nays, by a majority of two-thirds of the members 
of each house, it shall become a law, notwithstanding the gover¬ 
nor’s objections. If any bill shall not be returned within three 
days after it shall have been presented to him (Sunday excepted), 
the same shall be a law in like manner as if he had signed it, unless 
the general assembly, by adjournment, prevent such return. Any 
bill submitted to the governor for his approval during the last three 
days of a session of the general assembly, shall be deposited by him 
in the office of the secretary of state within thirty days after the 
adjournment, with his approval, if approved by him, and with his 
objections, if he disapproves thereof. 

Majority vote. Sec. 17. No bill shall be passed unless by the 
assent of a majority of all the members elected to each branch of 
the general assembly, and the question upon the final passage shall 
be taken immediately upon its last reading, and the yeas and nays 
entered on the journal. 

Receipts and expenditures. Sec. 18. An accurate statement of 
the receipts and expenditures of the public money shall be attached 
to and published with the laws at every regular session of the gen¬ 
eral assembly. 

Impeachment. Sec. 19. The house of representatives shall have 
the sole power of impeachment, and all impeachments shall be tried 
by the senate. When sitting for that purpose, the senators shall 
be upon oath or affirmation; and no person shall be convicted with¬ 
out the concurrence of two-thirds of the members present. 

Who liable to; judgment. Sec. 20. The governor, judges of the 
supreme and district courts, and other state officers, shall be liable 
to impeachment for any misdemeanor or malfeasance in office; 
but judgment in such cases shall extend only to removal from office, 
and disqualification to hold any office of honor, trust, or profit under 
this state; but the party convicted or acquitted shall nevertheless 


STATE CONSTITUTION 


109 


be liable to indictment, trial, and punishment according to law. 
All other civil officers shall be tried for misdemeanors and malfea¬ 
sance in office, in such manner as the general assembly may provide. 

Members not appointed to office. Sec. 21. No senator or repre¬ 
sentative shall, during the time for which he shall have been elected, 
be appointed to any civil office of profit under this state, which shall 
have been created, or the emoluments of which shall have been 
increased during such term, except such offices as may be filled by 
elections by the people. 

Disqualification. Sec. 22. No person holding any lucrative 
office under the United States, or this state, or any other power, 
shall be eligible to hold a seat in the general assembly. But offices 
in the militia, to which there is attached no annual salary, or the 
office of justice of the peace, or postmaster, whose compensation 
does not exceed one hundred dollars per annum, or notary public, 
shall not be deemed lucrative. 

Failure to account. Sec. 23. No person who may hereafter be a 
collector or holder of public moneys, shall have a seat in either house 
of the general assembly, or be eligible to hold any office of trust or 
profit in this state, until he shall have accounted for and paid into 
the treasury all sums for which he may be liable. 

Money drawn. Sec. 24. No money shall be drawn from the 
treasury but in consequence of appropriations made by law. 

Compensation of members. Sec. 25. Each member of the first 
general assembly under this constitution shall receive three dollars 
per diem while in session; and the further sum of three dollars for 
every twenty miles traveled in going to and returning from the place 
where such session is held, by the nearest traveled route; after 
which they shall receive such compensation as shall be fixed by law; 
but no general assembly shall have the power to increase the com¬ 
pensation of its members. And when convened in extra session 
they shall receive the same mileage and per diem compensation as 
fixed by law for the regular session, and none other. 

Laws, when to take effect; publication. Sec. 26. No law of the 
general assembly, passed at a regular session, of a public nature, 
shall take effect until the fourth day of July next, after the passage 
thereof. Laws passed at a special session shall take effect ninety 
days after the adjournment of the general assembly by which they 
were passed. If the general assembly shall deem any law of imme¬ 
diate importance, they may provide that the same shall take effect 
by publication in newspapers in the state. 


110 


THE GOVERNMENT OF IOWA 


Divorce. Sec. 27. No divorce shall be granted by the general 
assembly. 

Lotteries. Sec. 28. No lottery shall be authorized by this state; 
nor shall the sale of lottery tickets be allowed. 

Acts; one subject; expressed in title. Sec. 29. Every act 
shall embrace but one subject, and matters properly connected 
therewith; which subject shall be expressed in the title. But if 
any subject shall be embraced in an act which shall not be expressed 
in the title, such act shall be void only as to so much thereof as shall 
not be expressed in the title. 

Local or special laws. Sec. 30. The general assembly shall not 
pass local or special laws in the following cases: 

For the assessment and collection of taxes for state, county, or 
road purposes; 

For laying out, opening, and working roads or highways; 

For changing the names of persons; 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public squares; 

For locating or changing county seats. 

Laws general and uniform; boundaries of counties. In all the 

cases above enumerated, and in all other cases where a general 
law can be made applicable, all law shall be general, and of uniform 
operation throughout the state; and no law changing the boundary 
lines of any county shall have effect until upon being submitted 
to the people of the counties affected by the change, at a general 
election, it shall be approved by a majority of the votes in each 
county, cast for and against it. 

Extra compensation. Sec. 31. No extra compensation shall be 
made to any officer, public agent, or contractor, after the service 
shall have been rendered, or the contract entered into; nor shall 
any money be paid on any claim, the subject-matter of which shall 
not have been provided for by pre-existing laws, and no public 
money or property shall be appropriated for local or private pur¬ 
poses, unless such appropriation, compensation, or claim be allowed 
by two-thirds of the members elected to each branch of the general 
assembly. 

Oath of members. Sec. 32. Members of the general assembly 
shall, before they enter upon the duties of their respective offices, 
take and subscribe the following oath or affirmation : “ I do solemnly 
swear (or affirm, as the case may be) that I will support the consti¬ 
tution of the United States, and the constitution of the state of 


STATE CONSTITUTION 


111 


Iowa, and that I will faithfully discharge the duties of senator 
(or representative, as the case may be), according to the best 
of my ability.” And members of the general assembly are 
hereby empowered to administer to each other the said oath 
or affirmation. 

Census. Sec. 33. The general assembly shall, in the years one 
thousand eight hundred and fifty-nine, one thousand eight hundred 
and sixty-three, one thousand eight hundred and sixty-five, one 
thousand eight hundred and sixty-seven, one thousand eight hun¬ 
dred and sixty-nine, and one thousand eight hundred and seventy- 
five, and every ten years thereafter, cause an enumeration to be 
made of all the inhabitants of the state. 

[By proper legislative action (11 G. A., chap. 98, and 12 G. A., 
joint res. No. XI) a proposed amendment striking the word “ white ” 
from this section, as it originally stood, was submitted to the elec¬ 
tors at the general election of 1868 and adopted.] 

Apportionment. Sec. 34. The senate shall be composed of fifty 
members to be elected from the several senatorial districts, estab¬ 
lished by law, and .at the next session of the general assembly, 
held following the taking of the state and national census, they 
shall be apportioned among the several counties or districts of 
the state, according to population as shown by the last preceding 
census. 

Districts. Sec. 35. The house of representatives shall consist 
of not more than one hundred and eight members. The ratio of 
representation shall be determined by dividing the whole number of 
the population of the state as shown by the last preceding state or 
national census, by the whole number of counties then existing or 
organized, but each county shall constitute one representative dis¬ 
trict and be entitled to one representative, but each county having 
a population in excess of the ratio number, as herein provided of 
three-fifths or more of such ratio number shall be entitled to one 
additional representative* but said addition shall extend only to 
the nine counties having the greatest population. 

Ratio of representation. Sec. 36. The general assembly shall, 
at the first regular session held following the adoption of this 
amendment, and at each succeeding regular session held next 
after the taking of such census, fix the ratio of representation, 
and apportion the additional representatives, as hereinbefore 
required. 


112 


THE GOVERNMENT OF IOWA 


** [By proper legislative action (29 G. A., joint res. No. 2, and 
30 G. A., joint res. No. 2) a proposed amendment repealing sections 
34, 35 and 36 of Article III, and adopting the three preceding sec¬ 
tions in lieu thereof, was submitted to the electors at the general 
election in 1904 and adopted. The three sections repealed were as 
follows : 

* “ Apportionment. Sec. 34. The number of senators shall, at 
the next session following each period of making such enumeration, 
and the next session following each United States census, be fixed 
by law, and apportioned among the several counties according to 
the number of inhabitants in each. 

* “ Districts. Sec. 35. The senate shall not consist of more than 
fifty members, nor the house of representatives of more than one 
hundred; and they shall be apportioned among the several counties 
and representative districts of the state according to the number of 
inhabitants in each, upon ratios to be fixed by law ; but no represen¬ 
tative district shall contain more than four organized counties, and 
each district shall be entitled to at least one representative. Every 
county and district which shall have a number of inhabitants equal 
to one-half of the ratio fixed by law, shall be entitled to one repre¬ 
sentative; and any one county containing in addition to the ratio 
fixed by law one-half of that number, or more, shall be entitled to 
one additional representative. No floating district shall hereafter 
be formed. 

“ Ratio of representation. Sec. 36. At its first session under 
this constitution, and at every subsequent regular session, the gen¬ 
eral assembly shall fix the ratio of representation, and also form 
into representative districts those counties which will not be entitled 
singly to a representative.”] 

Districts. Sec. 37. When a congressional, senatorial, or repre¬ 
sentative district shall be composed of two or more counties, it shall 
not be entirely separated by any county belonging to another dis¬ 
trict; and no county shall be divided in forming a congressional, 
senatorial, or representative district. 

Elections by general assembly. Sec. 38. In all elections by the 
general assembly, the members thereof shall vote viva voce, and the 
votes shall be entered on the journal. 


** The vote on the amendment was 171,382 for and 165,076 against its 
adoption. Practically the same amendment was, by proper legislative action 
(26 G. A., joint res. No. 9, and 27 G. A., joint res. No. 1) submitted to the 
electors at the general election in 1898 and was rejected, the vote being 
33,872 for and 76,931 against its adoption. 

* By proper legislative action (11 G. A., chap. 98, and 12 G. A, joint res. 
No. XI) a proposed amendment striking the word “ white ” from this section 
as it originally stood, was submitted to the electors at the general election, in 
1868, and adopted. 


STATE CONSTITUTION 


113 


ARTICLE IV 

EXECUTIVE DEPARTMENT 

Governor. Section 1. The supreme executive power of this 
state shall be vested in a chief magistrate, who shall be styled the 
governor of the state of Iowa. 

Election and term. Sec. 2. The governor shall be elected by the 
qualified electors at the time and place of voting for members of the 
general assembly, and shall hold his office two years from the time 
of his installation, and until his successor is elected and qualified. 

Lieutenant-governor; returns of elections. Sec. 3. There shall 
be a lieutenant-governor, who shall hold his office two years, and be 
elected at the same time as the governor. In voting for governor 
and lieutenant-governor, the electors shall designate for whom they 
vote as governor, and for whom as lieutenant-governor. The 
returns of every election for governor and lieutenant-governor, shall 
be sealed up and transmitted to the seat of government of the state, 
directed to the speaker of the house of representatives, who shall 
open and publish them in the presence of both houses of the general 
assembly. 

Election by general assembly. Sec. 4. The persons respectively 
having the highest number' of votes, for governor and lieutenant- 
governor, shall be declared duly elected; but in case two or more 
persons shall have an equal, and the highest number of votes for 
either office, the general assembly shall, by joint vote, forthwith 
proceed to elect one of said persons governor, or lieutenant-gover¬ 
nor, as the case may be. 

Contested elections. Sec. 5. Contested elections for governor, 
or lieutenant-governor, shall be determined by the general assembly 
in such manner as may be prescribed by law. 

Eligibility. Sec. 6. No person shall be eligible to the office of 
governor, or lieutenant-governor, who shall not have been a citizen 
of the United States, and a resident of the state two years next 
preceding the election, and attained the age of thirty years at the 
time of said election. 

Commander-in-chief. Sec. 7. The governor shall be com¬ 
mander-in-chief of the militia, the army, and navy of this state. 

Duties. Sec. 8. He shall transact all executive business with 
the officers of government, civil and military, and may require infor¬ 
mation in writing from the officers of the executive department upon 
any subject relating to the duties of their respective offices. 


114 


THE GOVERNMENT OF IOWA 


Execution of laws. Sec. 9. He shall take care that the laws are 
faithfully executed. 

Vacancies. Sec. 10. When any office shall, from any cause, 
become vacant, and no mode is provided by the constitution and 
laws for filling such vacancy, the governor shall have power to fill 
such vacancy, by granting a commission, which shall expire at the 
end of the next session of the general assembly, or at the next elec¬ 
tion by the people. 

Convening assembly. Sec. 11. He may, on extraordinary occa¬ 
sions, convene the general assembly by proclamation, and shall 
state to both houses, when assembled, the purpose for which they 
shall have been convened. 

Message. Sec. 12. He shall communicate, by message, to the 
general assembly, at every regular session, the condition of the 
state, and recommend such matters as he shall deem expedient. 

Adjournment. Sec. 13. In ease of disagreement between the 
two houses with respect to the time of adjournment, the governor 
shall have power to adjourn the general assembly to such time as 
he may think proper; but no such adjournment shall be beyond the 
time fixed for the regular meeting of the next general assembly. 

Disqualification. Sec. 14. No person shall, while holding any 
office under the authority of the United States, or this state, execute 
the office of governor, or lieutenant-governor, except as hereinafter 
expressly provided. 

Term; compensation of lieutenant-governor. Sec. 15. The 
official term of governor and lieutenant-governor shall commence 
on the second Monday of January next after their election, and con¬ 
tinue for two years, and until their successors are elected and quali¬ 
fied. The lieutenant-governor, while acting as governor, shall 
receive the same pay as provided for governor; and while presiding 
in the senate, shall receive as compensation therefor the same 
mileage and double the per diem pay provided for a senator, and 
none other. 

Pardons. See. 16. The governor shall have power to grant 
reprieves, commutations, and pardons, after conviction, for all 
offenses except treason and cases of impeachment, subject to such 
regulations as may be provided by law. Upon conviction for 
treason, he shall have power to suspend the execution of the sentence 
until the case shall be reported to the general assembly at its next 
meeting, when the general assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or grant 


STATE CONSTITUTION 


115 


a further reprieve. He shall have power to remit fines and forfei¬ 
tures, under such regulations as maybe prescribed by law; and shall 
report to the general assembly, at its next meeting, each case of 
reprieve, commutation, or pardon granted, and the reasons there¬ 
for; and also all persons in whose favor remission of fines and for¬ 
feitures shall have been made, and the several amounts remitted. 

Lieutenant-governor to act as governor. Sec. 17. In case of the 
death, impeachment, resignation, removal from office, or other 
disability of the governor, the powers and duties of the office for the 
residue of the term, or until he shall be acquitted, or the disability 
removed, shall devolve upon the lieutenant-governor. 

President of senate. Sec. 18. The lieutenant-governor shall 
be president of the senate, but shall only vote when the senate is 
equally divided ; and in case of his absence, or impeachment, or 
when he shall exercise the office of governor, the senate shall choose 
a president pro tempore. 

Vacancies. Sec. 19. If the lieutenant-governor, while acting 
as governor, shall be impeached, displaced, resign, or die, or other¬ 
wise become incapable of performing the duties of the office, the 
president pro tempore of the senate shall act as governor until the 
vacancy is filled, or the disability removed; and if the president of 
the senate, for any of the above causes, shall be rendered incapable 
of performing the duties pertaining to the office of governor, the 
same shall devolve upon the speaker of the house of representatives. 

Seal of state. Sec. 20. There shall be a seal of this state, which 
shall be kept by the governor, and used by him officially, and shall 
be called the great seal of the state of Iowa. 

Grants and commissions. Sec. 21. All grants and commis¬ 
sions shall be in the name and by the authority of the people of the 
state of Iowa, sealed with the great seal of the state, signed by the 
governor, and countersigned by the secretary of state. 

Secretary, auditor and treasurer. Sec. 22. A secretary of state, 
auditor of state, and treasurer of state, shall be elected by the quali¬ 
fied electors, who shall continue in office two years, and until their 
successors are elected and qualified; and perform such duties as 
may be required by law. 


116 


THE GOVERNMENT OF IOWA 


ARTICLE V 

JUDICIAL DEPARTMENT 

Courts. Section 1. The judicial power shall be vested in a 
supreme court, district court, and such other courts, inferior to the 
supreme court, as the general assembly may, from time to time, 
establish. 

Supreme Court. Sec. 2. The supreme court shall consist of 
three judges, two of whom shall constitute a quorum to hold court. 

[As to the number of judges, see statutory provisions.] 

Judges elected. Sec. 3. The judges of the supreme court shall 
be elected by the qualified electors of the state, and shall hold their 
court at such time and place as the general assembly may prescribe. 
The judges of the supreme court so elected, shall be classified so 
that one judge shall go out of office every two years; and the judge 
holding the shortest term of office under such classification, shall be 
chief justice of the court during his term, and so on in rotation. 
After the expiration of their terms of office, under such classification, 
the term of each judge of the supreme court shall be six years, and 
until his successor shall have been elected and qualified. The 
judges of the supreme court shall be ineligible to any other office in 
the state, during the term for which they shall have been elected. 

Jurisdiction. Sec. 4. The supreme court shall have appellate 
jurisdiction only in cases in chancery, and shall constitute a court 
for the correction of errors at law, under such restrictions as the 
general assembly may by law prescribe; and shall have power to 
issue all writs and process necessary to secure justice to parties, 
and exercise a supervisory control over all inferior judicial tribunals 
throughout the state. 

District court and judge. Sec. 5. The district court shall con¬ 
sist of a single judge, who shall be elected by the qualified electors 
of the district in which he resides. The judge of the district court 
shall hold his office for the term of four years, and until his successor 
shall have been elected and qualified; and shall be ineligible to any 
other office, except that of judge of the supreme court, during the 
term for which he was elected. 

Jurisdiction. Sec. 0. The district court shall be a court of law 
and equity, which shall be distinct and separate jurisdictions, and 
have jurisdiction in civil and criminal matters arising in their re¬ 
spective districts, in such manner as shall be prescribed by law. 


STATE CONSTITUTION 


117 


Conservators of the peace. Sec. 7. The judges of the supreme 
and district courts shall be conservators of the peace throughout 
the state. 

Style of process. Sec. 8. The style of all process shall be “ The 
State of Iowa,” and all prosecutions shall be conducted in the name 
and by the authority of the same. 

Salaries. Sec. 9. The salary of each judge of the supreme court 
shall be two thousand dollars per annum; and that of each district 
judge one thousand six hundred dollars per annum, until the year 
eighteen hundred and sixty; after which time they shall severally 
receive such compensation as the general assembly may, by law, 
prescribe; which compensation shall not be increased or dimin¬ 
ished during the term for which they shall have been elected. 

Judicial districts. Sec. 10. The state shall be divided into eleven 
judicial districts; and after the year eighteen hundred and sixty, 
the general assembly may reorganize the judicial districts, and 
increase or diminish the number of districts, or the number of judges 
of the said court, and may increase the number of judges of the 
supreme court; but such increase or diminution shall not be more 
than one district, or one judge of either court, at any one session, 
and no reorganization of the districts, or diminution of the judges, 
shall have the effect of removing a judge from office. Such reorgan¬ 
ization of the districts, or any change in the boundaries thereof, or 
any increase or diminution of the number of judges, shall take place 
every four years thereafter, if necessary, and at no other time. 

[Amendment.] At any regular session of the general assembly, 
the state may be divided into the necessary judicial districts for 
district court purposes, or the said districts may be reorganized and 
the number of the districts and the judges of said courts increased 
or diminished; but no reorganization of the districts or diminution 
of the judges shall have the effect of removing a judge from office. 

[By proper legislative action (19 G. A., joint res. No. 12 and 
20 G. A., joint res. No. 13) the foregoing was submitted to the 
electors at the general election in 1884 as a proposed amendment 
to the constitution, and was by them adopted.] 

When chosen. Sec. 11. The judges of the supreme and district 
courts shall be chosen at the general election; and the term of office 
of each judge shall commence on the first day of January next after 
his election. 

Attorney-general. Sec. 12. The general assembly shall provide 
by law, for the election of an attorney-general by the people, whose 


118 


THE GOVERNMENT OF IOWA 


term of office shall be two years, and until his successor shall have 
been elected and qualified. 

County attorney. Sec. 13. The qualified electors of each 
county shall, at the general election in the year eighteen hundred 
and eighty-six, and every two years thereafter elect a county attor¬ 
ney, who shall be a resident of the county for which he is elected, 
and shall hold his office for two years, and until his successor shall 
have been elected and qualified. 

[By proper legislative action (19 G. A., joint res. No. 12, and 20 
G. A., joint res. No. 13) a proposition to substitute the foregoing 
for the original section was submitted to the electors at the general 
election in 1884, and by them adopted. The original section was 
as follows: 

Sec. 13. The qualified electors of each judicial district shall, at 
the time of the election of district judge, elect a district attorney, 
who shall be a resident of the district for which he is elected, and 
who shall hold his office for the term of four years, and until his suc¬ 
cessor shall have been elected and qualified.] 

Carrying into effect. Sec. 14. It shall be the duty of the general 
assembly to provide for the carrying into effect of this article, and 
to provide for a general system of practice in all the courts of this 
state. 

The grand jury. (Sec. 15). The grand jury may consist of 
any number of members not less than five, nor more than fifteen, 
as the general assembly may by law provide, or the general assembly 
may provide for holding persons to answer for any criminal offense 
without the intervention of the grand jury. 

[By proper legislative action (19 G. A., joint res. No. 12, and 20 
G. A., joint resolution No. 13) the foregoing was submitted to the 
electors at the general election in 1884 as a proposed amendment to 
the constitution, and was by them adopted.] 

ARTICLE VI 

MILITIA 

Who constitute. Section 1. The militia of this state shall be 
composed of all able-bodied male citizens, between the ages of eight¬ 
een and forty-five years, except such as are or may hereafter be 
exempt by the laws of the United States, or of this state; and shall 
be armed, equipped, and trained, as the general assembly may 
provide by law. 

[By proper legislative action (11 G. A., chap. 98, and 12 G. A. 
joint res. No. XI) a proposed amendment striking the word 


STATE CONSTITUTION 


119 


“ white ” from this section, as it originally stood, was submitted 
to the electors at the general election in 1868 and adopted.] 

Exemption. Sec. 2. No person or persons conscientiously scru¬ 
pulous of bearing arms shall be compelled to do military duty in time 
of peace; provided that such person or persons shall pay an equiva¬ 
lent for such exemption in the same manner as other citizens. 

Officers. Sec. 3. All commissioned officers of the milita (staff 
officers excepted) shall be elected by the persons liable to perform 
mil.tary duty, and shall be commissioned by the governor. 


ARTICLE VII 

STATE DEBTS 

Credit not to be loaned. Section 1. The credit of the state 
shall not, in any manner, be given or loaned to, or in aid of, any 
individual, association, or corporation; and the state shall never 
assume, or become responsible for the debts or liabilities of any 
individual, association, or corporation, unless incurred in time of 
war for the benefit of the state. 

Limitation. Sec. 2. The state may contract debts to supply 
casual deficits or failures in revenue; or to meet expenses not other¬ 
wise provided for; but the aggregate amount of such debts, direct 
and contingent, whether contracted by virtue of one or more acts 
of the general assembly, or at different periods of time, shall never 
exceed the sum of two hundred and fifty thousand dollars; and the 
money arising from the creation of such debts shall be applied to the 
purpose for which it was obtained, or to repay the debts so con¬ 
tracted, and to no other purpose whatever. 

Losses to school funds. Sec. 3. All losses to the permanent 
school, or university fund of this state, which shall have been occa¬ 
sioned by the defalcation, mismanagement, or fraud of the agents 
or officers controlling and managing the same, shall be audited by 
the proper authorities of the state. The amount so audited shall 
be a permanent funded debt against the state, in favor of the re¬ 
spective fund sustaining the loss, upon which not less than six per 
cent annual interest shall be paid. The amount of liability so 
created shall not be counted as a part of the indebtedness author¬ 
ized by the second section of this article. 

War debts. Sec. 4. In addition to the above limited power to 
contract debts, the state may contract debts to repel invasion, 


120 


THE GOVERNMENT OF IOWA 


suppress insurrection, or defend the state in war; but the money 
arising from the debts so contracted shall be applied to the purpose 
for which it was raised, or to repay such debts, and to no other 
purpose whatever. 

Question of incurring debt submitted. Sec. 5. Except the 
debts hereinbefore specified in this article, no debt shall be hereafter 
contracted by, or on behalf of this state, unless such debt shall be 
authorized by some law for some single work or object, to be dis¬ 
tinctly specified therein ; and such law shall impose and provide for 
the collection of a direct annual tax, sufficient to pay the interest 
on such debt, as it falls due and also to pay and discharge the prin¬ 
cipal of such debt, within twenty years from the time of the contract¬ 
ing thereof; but no such law shall take effect until at a general elec¬ 
tion it shall have been submitted to the people, and have received 
a majority of all the votes cast for and against it at such election; 
and all money raised by authority of such law, shall be applied only 
to the specific object therein stated, or to the payment of the debt 
created thereby; and such law shall be published in at least one 
newspaper in each county, if one is published therein, throughout 
the state, for three months preceding the election at which it is sub¬ 
mitted to the people. 

Legislature may repeal. Sec. 6. The legislature may, at any 
time, after the approval of such law by the people, if no debt shall 
have been contracted in pursuance thereof, repeal the same; and 
may at any time forbid the contracting of any further debt, or lia¬ 
bility, under such law; but the tax imposed by such law, in pro¬ 
portion to the debt or liability which may have been contracted in 
pursuance thereof, shall remain in force and be irrepealable, and 
be annually collected, until the principal and interest are fully paid. 

Tax imposed distinctly stated. Sec. 7. Every law which im¬ 
poses, continues, or revives a tax, shall distinctly state the tax, and 
the object to which it is to be applied; and it shall not be sufficient 
to refer to any other law to fix such tax or object. 

ARTICLE VIII 

CORPORATIONS 

How created. Section 1. No corporation shall be created by 
special laws; but the general assembly shall provide by general 
laws, for the organization of all corporations hereafter to be created, 
except as hereinafter provided. 


STATE CONSTITUTION 


121 


Property taxable. Sec. 2. The property of all corporations for 
pecuniary profit shall be subject to taxation the same as that of 
individuals. 

State not to be a stockholder. Sec. 3. The state shall not be¬ 
come a stockholder in any corporation, nor shall it assume or pay 
the debt or liability of any corporation, unless incurred in time of 
war for the benefit of the state. 

Municipal corporations. Sec. 4. No political or municipal cor¬ 
poration shall become a stockholder in any banking corporation, 
directly or indirectly. 

Act creating banking associations. Sec. 5. No act of the 
general assembly, authorizing or creating corporations or associa¬ 
tions with banking powers, nor amendments thereto, shall take 
effect, or in any manner be in force, until the same shall have been 
submitted, separately, to the people, at a general or special election, 
as provided by law, to be held not less than three months after the 
passage of the act, and shall have been approved by a majority of 
all the electors voting for and against it at such election. 

State bank. Sec. 6. Subject to the provisions of the foregoing 
section, the general assembly may also provide for the establish¬ 
ment of a state bank with branches. 

Specie basis. Sec. 7. If a state bank be established, it shall be 
founded on an actual specie basis, and the branches shall be mutually 
responsible for each other’s liabilities upon all notes, bills, and other 
issues intended for circulation as money. 

General banking law. Sec. 8. If a general banking law shall 
be enacted, it shall provide for the registry and countersigning, by 
an officer of state, of all bills, or paper credit designed to circulate 
as money, and require security to the full amount thereof, to be 
deposited with the state treasurer, in United States stocks, or in 
interest-paying stocks of states in good credit and standing, to be 
rated at ten per cent below their average value in the city of New 
York, for the thirty days next preceding their deposit; and in case 
of a depreciation of any portion of such stocks, to the amount of ten 
per cent on the dollar, the bank or banks owning said stock shall be 
required to make up said deficiency by depositing additional stocks; 
and said law shall also provide for the recording of the names of 
all stockholders in such corporations, the amount of stock held by 
each, the time of any transfer, and to whom. 

Stockholders responsible. Sec. 9. Every stockholder in a 
banking corporation or institution shall be individually responsible 


122 


THE GOVERNMENT OF IOWA 


and liable to its creditors, over and above the amount of stock by 
him or her held, to an amount equal to his or her respective shares 
so held, for all its liabilities accruing while he or she remains such 
stockholder. 

Bill-holders preferred. Sec. 10. In case of the insolvency of 
any banking institution, the bill-holders shall have a preference over 
its other creditors. 

Suspension of specie payments. Sec. 11. The suspension of 
specie payments by banking institutions shall never be permitted 
or sanctioned. 

Amendment or repeal of charters; exclusive privileges. Sec. 12. 
Subject to the provisions of this article, the general assembly shall 
have power to amend or repeal all laws for the organization or crea¬ 
tion of corporations, or granting of special or exclusive privileges or 
immunities, by a vote of two-thirds of each branch of the general 
assembly; and no exclusive privileges, except as in this article 
provided, shall ever be granted. 

ARTICLE IX 

EDUCATION AND SCHOOL LANDS 
1 — EDUCATION 

Board of education. Section 1. The educational interest of the 
state, including common schools and other educational institutions, 
shall be under the management of a board of education, which shall 
consist of the lieutenant-governor, who shall be the presiding officer 
of the board, and have the casting vote in case of a tie, and one 
member to be elected from each judicial district in the state. 

Who eligible. Sec. 2. No person shall be eligible as a member 
of said board who shall not have attained the age of twenty-five 
years, and shall have been one year a citizen of the state. 

How elected. Sec. 3. One member of said board shall be chosen 
by the qualified electors of each district, and shall hold the office 
for the term of four years, and until his successor is elected and qual¬ 
ified. After the first election under this constitution, the board 
shall be divided, as nearly as practicable, into two equal classes, 
and the seats of the first class shall be vacated after the expiration of 
two years; and one-half of the board shall be chosen every two 
years thereafter. 


STATE CONSTITUTION 


123 


First session. Sec. 4. The first session of the board of educa¬ 
tion shall be held at the seat of government, on the first Monday of 
December, after their election; after which the general assembly 
may fix the time and place of meeting. 

Limited. Sec. 5. The session of the board shall be limited to 
twenty days, and but one session shall be held in any one year, 
except upon extraordinary occasions, when, upon the recommenda¬ 
tion of two-thirds of the board, the governor may order a special 
session. 

Secretary. Sec. 6. The board of education shall appoint a 
secretary, who shall be the executive officer of the board, and per¬ 
form such duties as may be imposed upon him by the board, and 
the laws of the state. They shall keep a journal of their proceed¬ 
ings, which shall be published and distributed in the same manner 
as the journals of the general assembly. 

Rules and regulations. Sec. 7. All rules and regulations made 
by the board shall be published and distributed to the several 
counties, townships, and school districts, as may be provided for 
by the board, and when so made, published, and distributed, they 
shall have the force and effect of law. 

Power to make. Sec. 8. The board of education shall have full 
power and authority to legislate and make all needful rules and regu¬ 
lations in relation to common schools, and other educational insti¬ 
tutions, that are instituted, to receive aid from the school or univer¬ 
sity fund of this state; but all acts, rules, and regulations of said 
board may be altered, amended, or repealed by the general assembly; 
and when so altered, amended, or repealed, they shall not be re¬ 
enacted by the board of education. 

Governor ex-officio a member. Sec. 9. The governor of the 
state shall be, ex-officio, a member of said board. 

Expenses. Sec. 10. The board shall have no power to levy 
taxes, or make appropriations of money. Their contingent expenses 
shall be provided for by the general assembly. 

State university. Sec. 11. The state university shall be estab¬ 
lished at one place without branches at any other place, and the 
university fund shall be applied to that institution, and no other. 

Common schools. Sec. 12. The board of education shall pro¬ 
vide for the education of all the youths of the state, through a sys¬ 
tem of common schools, and such schools shall be organized and 
kept in each school district at least three months in each year. Any 
district failing, for two consecutive years, to organize and keep up 


124 


THE GOVERNMENT OF IOWA 


a school, as aforesaid, may be deprived of their portion of the school 
fund. 

Compensation. Sec. 13. The members of the board of education 
shall each receive the same per diem during the term of their ses¬ 
sion, and mileage going to and returning therefrom, as members of 
the general assembly. 

Quorum; style of acts. Sec. 14. A majority of the board shall 
constitute a quorum for the transaction of business; but no rule, 
regulation, or law, for the government of common schools or other 
educational institutions shall pass without the concurrence of a 
majority of all the members of the board, which shall be expressed 
by the yeas and nays on the final passage. The style of all acts of 
the board shall be, “ Be it enacted by the board of education of the 
state of Iowa.” 

Board may be abolished. Sec. 15. At any time after the year 
one thousand eight hundred and sixty-three, the general assembly 
shall have power to abolish or reorganize said board of education, 
and provide for the educational interest of the state in any other 
manner that to them shall seem best and proper. 

The board of education was abolished by 10th G. A., ch. 52. 
Sec. 1.] 

2— SCHOOL FUNDS AND SCHOOL LANDS 

Under control of the general assembly. Section 1. The edu¬ 
cational and school fund and lands, shall be under the control and 
management of the general assembly of this state. 

Permanent fund. Sec. 2. The university lands, and the pro¬ 
ceeds thereof, and all moneys belonging to said fund shall be a per¬ 
manent fund for the sole use of the state university. The interest 
arising from the same shall be annually appropriated for the support 
and benefit of said university. 

Lands appropriated. Sec. 3. The general assembly shall en¬ 
courage, by all suitable means, the promotion of intellectual, scien¬ 
tific, moral, and agricultural improvement. The proceeds of all 
lands that have been, or hereafter may be, granted by the United 
States to this state, for the support of schools, which may have been 
or shall hereafter be sold, or disposed of, and the five hundred 
thousand acres of land granted to the new states, under an act of 
Congress, distributing the proceeds of the public lands among the 
several states of the Union, approved in the year of our Lord one 
thousand eight hundred and forty-one, and all estates of deceased 


STATE CONSTITUTION 


125 


persons who may have died without leaving a will or heir, and also 
such per cent as has been or may hereafter be granted by Congress, 
on the sale of lands in this state, shall be, and remain a perpetual 
fund, the interest of which, together with all rents of the unsold 
lands, and such other means as the general assembly may provide, 
shall be inviolably appropriated to the support of common schools 
throughout the state. 

Fines, etc., how appropriated. Sec. 4. The money which may 
have been or shall be paid by persons as an equivalent for exemp¬ 
tion from military duty, and the clear proceeds of all fines collected 
in the several counties for any breach of the penal laws, shall be 
exclusively applied in the several counties in which such money is 
paid, or fine collected, among the several school districts of said 
counties, in proportion to the number of youths subject to enumer¬ 
ation in such districts, to the support of common schools, or the 
establishment of libraries, as the board of education shall from time 
to time provide. 

[There are statutory provisions on this subject.] 

Proceeds of lands. Sec. 5. The general assembly shall take 
measures for the protection, improvement, or other disposition of 
such lands as have been, or may hereafter be reserved, or granted 
by the United States, or any person or persons to this state, for the 
use of the university, and the funds accruing from the rents or sale 
of such lands, or from any other source for the purpose aforesaid, 
shall be, and remain, a permanent fund, the interest of which shall 
be applied to the support of said university, for the promotion of 
literature, the arts and sciences, as may be authorized by the terms 
of such grant. And it shall be the duty of the general assembly, as 
soon as may be,' to provide effectual means for the improvement 
and permanent security of the funds of said university. 

Agents of school funds. Sec. 6. The financial agents of the 
school funds shall be the same that, by law, receive and control the 
state and county revenue, for other civil purposes, under such regu¬ 
lations as may be provided by law. 

Distribution. Sec. 7. The money subject to the support and 
maintenance of common schools shall be distributed to the dis¬ 
tricts in proportion to the number of youths, between the ages of 
five and twenty-one years, in such manner as may be provided by 
the general assembly. 


126 


THE GOVERNMENT OF IOWA 


ARTICLE X 

AMENDMENTS TO THE CONSTITUTION 

How proposed; submission. Section 1. Any amendment or 
amendments to this constitution may be proposed in either house 
of the general assembly; and if the same shall be agreed to by a 
majority of the members elected to each of the two houses, such 
proposed amendment shall be entered on their jourpals, with the 
yeas and nays taken thereon, and referred to the legislature to be 
chosen at the next general election, and shall be published, as pro¬ 
vided by law, for three months previous to the time of making such 
choice: and if, in the general assembly so next chosen as afore¬ 
said, such proposed amendment or amendments shall be agreed to 
by a majority of all the members elected to each house, then it 
shall be the duty of the general assembly to submit such proposed 
amendment or amendments to the people in such manner, and at 
such time as the general assembly shall provide; and if the people 
shall approve and ratify such amendment or amendments by a 
majority of the electors qualified to vote for members of the general 
assembly, voting thereon, such amendment or amendments shall 
become a part of the constitution of this state. 

More than one. Sec. 2. If two or more amendments shall be 
submitted at the same time, they shall be submitted in such manner 
that the electors shall vote for or against each of such amendments 
separately. 

Convention. Sec. 3. At the general election to be held in the 
year one thousand eight hundred and seventy, and in each tenth 
year thereafter, and also at such times as the general assembly may, 
by law, provide, the question, “ Shall there be a convention to re¬ 
vise the constitution, and amend the same? ” shall be decided by 
the electors qualified to vote for members of the general assembly; 
and in case a majority of the electors so qualified, voting at such 
election for and against such proposition, shall decide in favor of a 
convention for such purpose, the general assembly, at its next 
session, shall provide by law for the election of delegates to such 
convention. 


STATE CONSTITUTION 


127 


ARTICLE XI 

MISCELLANEOUS 

Jurisdiction of justice of the peace. Section 1. The jurisdiction 
of justices of the peace shall extend to all civil cases (except cases 
in chancery, and cases where the question of title to real estate may 
arise), where the amount in controversy does not exceed one hun¬ 
dred dollars, and by the consent of parties may be extended to any 
amount not exceeding three hundred dollars. 

Counties. Sec. 2. No new county shall be hereafter created 
containing less than four hundred and thirty-two square miles; 
nor shall the territory of any organized county be reduced below 
that area; except the county of Worth, and the counties west of it 
along the northern boundary of this state, may be organized with¬ 
out additional territory. 

Indebtedness of political or municipal corporations. Sec. 3. No 
county, or other political or municipal corporation shall be allowed 
to become indebted in any manner, or for any purpose, to an amount 
in the aggregate, exceeding five per centum on the value of the tax¬ 
able property within such county or corporation — to be ascer¬ 
tained by the last state and county tax lists, previous to the incur¬ 
ring of such indebtedness. 

Boundaries. See. 4. The boundaries of the state may be en¬ 
larged, with the consent of congress and the general assembly. 

Oath of office. Sec. 5. Every person elected or appointed to 
any office, shall, before entering upon the duties thereof, take an 
oath or affirmation to support the Constitution of the United Sthtes, 
and of this state, and also an oath of office. 

How vacancies filled. Sec. 6. In all cases of elections to fill 
vacancies in office occurring before the expiration of a full term, 
the person so elected shall hold for the residue of the unexpired term; 
and all persons appointed to fill vacancies in office, shall hold until 
the next general election, and until their successors are elected and 
qualified. 

Land grants located. Sec. 7. The general assembly shall not 
locate any of the public lands which have been, or may be granted 
by congress to this state, and the location of which may be given to 
the general assembly, upon lands actually settled, without the con¬ 
sent of the occupant. The extent of the claim of such occupant 
so exempted, shall not exceed three hundred and twenty acres. 


128 


THE GOVERNMENT OF IOWA 


Seat of government; state university. Sec. 8. The seat of 
government is hereby permanently established, as now fixed by law, 
at the city of Des Moines, in the county of Polk; and the state 
university at Iowa City, in the county of Johnson. 

ARTICLE XII 

SCHEDULE 

Supreme law. Section 1. This constitution shall be the su¬ 
preme law of the state, and any law inconsistent therewith, shall 
be void. The general assembly shall pass all laws necessary to carry 
this constitution into effect. 

Laws in force. Sec. 2. All laws now in force, and not inconsist¬ 
ent with this constitution, shall remain in force until they shall 
expire or be repealed. 

Proceedings not affected. Sec. 3. All indictments, prosecutions, 
suits, pleas, plaints, process, and other proceedings pending in any 
of the courts, shall be prosecuted to final judgment and execution; 
and all appeals, writs of error, certiorari, and injunctions, shall be 
carried on in the several courts, in the same manner as now provided 
by law, and all offenses, misdemeanors, and crimes that may have 
been committed before the taking effect of this constitution, shall 
be subject to indictment, trial, and punishment, in the same manner 
as they would have been had not this constitution been made. 

Fines inure to the state. Sec. 4. All fines, penalties, or for¬ 
feitures due, or to become due, or accruing to the state, or to any 
county therein, or to the school fund, shall inure to the state, county, 
or school fund, in the manner prescribed by law. 

Bonds in force. Sec. 5. All bonds executed to the state, or to 
any officer in his official capacity, shall remain in force and inure 
to the use of those concerned. 

First election for governor and lieutenant-governor. Sec. 6. 
The first election under this constitution shall be held on the sec¬ 
ond Tuesday in October, in the year one thousand eight hundred 
and fifty-seven, at which time the electors of the state shall elect 
the governor and lieutenant-governor. There shall also be elected 
at such election, the successors of such state senators as were 
elected at the August election, in the year one thousand eight hun¬ 
dred and fifty-four, and members of the house of representatives, 
who shall be elected in accordance with the act of apportionment, 
enacted at the session of the general assembly which commenced 


STATE CONSTITUTION 


129 


on the first Monday of December, one thousand eight hundred and 
fifty-six. 

For secretary, auditor, etc. Sec. 7. The first election for sec¬ 
retary, auditor, and treasurer of state, attorney-general, district 
judges, members of the board of education, district attorneys, 
members of congress, and such state officers as shall be elected at 
the April election, in the year one thousand eight hundred and 
fifty-seven (except the superintendent of public instruction), and 
such county officers as were elected at the August election, in the 
year one thousand eight hundred and fifty-six, except prosecuting 
attorneys, shall be held on the second Tuesday of October, one 
thousand eight hundred and fifty-eight: provided that the time for 
which any district judge or other state or county officer elected at 
the April election in the year one thousand eight hundred and 
fifty-eight shall not extend beyond the time fixed for filling like offices 
at the October election, in the year one thousand eight hundred 
and fifty-eight. 

For judges of supreme court. Sec. 8. The first election for 
judges of the supreme court, and such county officers as shall be 
elected at the August election, in the year one thousand eight 
hundred and fifty-seven, shall be held on the second Tuesday of 
October, in the year one thousand eight hundred and fifty-nine. 

First session of general assembly. Sec. 9. The first regular 
session of the general assembly shall be held in the year one thousand 
eight hundred and fifty-eight, commencing on the second Monday 
of January of said year. 

Senators. Sec. 10. Senators elected at the August election, in 
the year one thousand eight hundred and fifty-six, shall continue 
in office until the second Tuesday of October, in the year one thou¬ 
sand eight hundred and fifty-nine, at which time their successors 
shall be elected as may be prescribed by law. 

Offices not vacated. Sec. 11. Every person elected by popular 
vote, by a vote of the general assembly, or who may hold office by 
executive appointment, which office is continued by this constitu¬ 
tion, and every person who shall be so elected or appointed to any 
such office, before the taking effect of this constitution (except as in 
this constitution otherwise provided), shall continue in office until 
the term for which such person has been or may be elected or ap¬ 
pointed shall expire; but no such person shall continue in office after 
the taking effect of this constitution, for a longer period than the 
term of such office, in this constitution prescribed. 


130 


THE GOVERNMENT OF IOWA 


Judicial districts. Sec. 12. The general assembly, at the first 
session under this constitution, shall district the state into eleven 
judicial districts, for district court purposes; and shall also provide 
for the apportionment of the members of the general assembly in 
accordance with the provisions of this constitution. 

Submission of constitution. Sec. 13. This constitution shall 
be submitted to the electors of the state at the August election, in 
the year one thousand eight hundred and fifty-seven, in the several 
election districts in this state. The ballots at such election shall be 
written or printed as follows: Those in favor of the constitution, 
“ new constitution — yes.” Those against the constitution, “ new 
constitution — no.” The elections shall be conducted in the same 
manner as the general elections of the state, and the poll-books 
shall be returned and canvassed as provided in the twenty-fifth 
chapter of the code, and abstracts shall be forwarded to the secre¬ 
tary of state, which abstracts shall be canvassed in the manner 
provided for the canvass of state officers. And if it shall appear 
that a majority of all the votes cast at such election for and against 
this constitution are in favor of the same, the governor shall imme¬ 
diately issue his proclamation stating that fact, and such constitu¬ 
tion shall be the constitution of the state of Iowa, and shall take 
effect from and after the publication of said proclamation. 

Proposition to strike out the word “ white.” Sec. 14. At the 
same election that this constitution is submitted to the people for 
its adoption or rejection, a proposition to amend the same by strik¬ 
ing out the word “ white,” from the article on the “ right of suf¬ 
frage,” shall be separately submitted to the electors of this state 
for adoption or rejection, in the manner following, viz.: A separate 
ballot may be given by every person having a right to vote at said 
election, to be deposited in a separate box. And those given for 
the adoption of such proposition shall have the words, “ shall the 
word ‘ white ’ be stricken out of the article on the ‘ right of suf¬ 
frage ?' yes.” And those given against the proposition shall have 
the words, “ shall the word ‘ white ’ be stricken out of the article 
on the ‘ right of suffrage ? ’ no.” And if at said election the number 
of ballots cast in favor of said proposition, shall be equal to a major¬ 
ity of those cast for and against this constitution, then said word 
“ white ” shall be stricken from said article and be no part thereof. 

Mills county. Sec. 15. Until otherwise directed by law, the 
county of Mills shall be in and a part of the sixth judicial district of 
this state. 


STATE CONSTITUTION 


131 


Biennial elections. Sec. 16. The first general election after 
the adoption of this amendment shall be held on the Tuesday next 
after the first Monday in November in the year one thousand nine 
hundred and six, and general elections shall be held biennially there¬ 
after. In the year one thousand nine hundred and six there shall 
be elected a governor, lieutenant-governor, secretary of state, audi¬ 
tor of state, treasurer of state, attorney-general, two judges of the 
supreme court, the successors of the judges of the district court 
whose terms of office expire on December 31st, one thousand nine 
hundred and six, state senators who would otherwise be chosen in 
the year one thousand nine hundred and five, and members of the 
house of representatives. The terms of office of the judges of the 
supreme court which would otherwise expire on December 31st, in 
odd-numbered years, and all other elective state, county, and town¬ 
ship officers, whose terms of office would otherwise expire in January 
in the year one thousand nine hundred and six, and members of the 
general assembly whose successors would otherwise be chosen at 
the general election in the year one thousand nine hundred and five, 
are hereby extended one year and until their successors are elected 
and qualified. The terms of offices of senators whose successors 
would otherwise be chosen in the year one thousand nine hundred 
and seven are hereby extended one year and until their successors 
are elected and qualified. The general assembly shall make such 
changes in the law governing the time of election and terms of 
office of all other elective officers as shall be necessary to make the 
time of their election and terms of office conform to this amendment, 
and shall provide which of the judges of the supreme court shall 
serve as chief justice. The general assembly shall meet in regular 
session on the second Monday in January, in the year one thousand 
nine hundred and six, and also on the second Monday in January 
in the year one thousand nine hundred and seven, and biennially 
thereafter. 

[By proper legislative action (29 G. A., joint res. No. 5 and 30 
G. A., joint res. No. 1) a proposed amendment, adding the foregoing 
section numbered 16 to Article XII, was submitted to'the electors 
at the general election in 1904, and adopted. Practically the same 
amendment was adopted by the people November 6, 1900, but the 
supreme court February 1, 1901, in the case of the State of Iowa 
ex rel Marsh W. Bailey vs. S. W. Brookhart, respondent, appellant, 
held that the amendment, section 16, was not proposed and adopted 
as required by the constitution, and did not become a part thereof.] 

Done in convention at Iowa City, this fifth day of March, in the 


132 


THE GOVERNMENT OF IOWA 


year of our Lord one thousand eight hundred and fifty-seven, and 
of the independence of the United States of America, the eighty-first. 
In testimony whereof, we have hereunto subscribed our names: 


A. H. Marvin, S. Ayres, 

J. H. Emerson, Harvey J. Skiff, 

R. L. B. Clarke, J. A. Parvin, 

James A. Young, W. Penn Clark, 

D. H. Solomon, Jere. Hollingsworth 

M. W. Robinson, Wm. Patterson, 

Lewis Todhunter, D. W. Price, 

John Edwards, Alpheus Scott, 

J. C. Traer, George Gillaspy, 

James F. Wilson, Edward Johnstone, 

Amos Harris, 

Jno T. Clarke, 


Timothy Day, 

S. G. Winchester, 
David Bunker, 

D. P. Palmer, 
Geo. W. Ells, 

J. C. Hall, 

John H. Peters, 
Wm. H. Warren, 
H. W. Gray, 

Robt. Gower, 

H. D. Gibson, 
Thomas Seeley, 
Attest: 


Francis Springer, President. 


Th. J. Saunders, Secretary. 

E. N. Bates, Assistant Secretary. 

SUMMARY OF AMENDMENTS TO THE CONSTITUTION 

By proper legislative action (11 G. A., chap. 98, and 12 G. A., 
joint res. No. XI), by vote of the people, November 3, 1868, and 
proclamation of the governor December 8, 1868. 

First — Strike the word “ white ” from section one of article 
two thereof. 

Second — Strike the word “ white ” from section thirty-three of 
article three thereof. 

Third — Strike the word “ white “ from section thirty-four of 
article three thereof. 

Fourth — Strike the word “ white ” from section thirty-five of 
article three thereof. 

Fifth — Strike the word “ white ” from section one of article six 
thereof. 

By proper legislative action (17 G. A., joint res. No. 5, and 18 
G. A., joint res. No. 6), by vote of the people, November 2, 1880, 
and certificate of the board of state canvassers, December 3, 1880. 

Strike out the words “ free white ” from the third line of section 
four (4) of article three (3) of said constitution, relating to the 
legislative department. 

By proper legislative action (18 G. A., joint res. No. 8, and 19 


STATE CONSTITUTION 


133 


G. A., joint res. No. 8), by vote of the people, June 27,1882, and cer¬ 
tificate of the board of state canvassers, July 28, 1882. 

Section 26. No person shall manufacture for sale, or sell, or keep 
for sale, as a beverage, any intoxicating liquors whatever, including 
ale, wine, and beer. The general assembly shall by law prescribe 
regulations for the enforcement of the prohibition herein contained, 
and shall thereby provide suitable penalties for the violation of the 
provisions hereof. 

[The Supreme court, April 21, 1883, in the case of Koehler & Lange 
vs. Hill, reported in 60th Iowa, page 543, held that the amendment, 
section 26, as submitted to the electors did not become a part of the 
constitution.] 

By proper legislative action (19 G. A., joint res. No. 12, and 20 
G. A., joint res. No. 13), by vote of the people, November 4, 1884, 
and certificate of the board of state canvassers, December 10, 1884. 

Amendment 1. The general election for state, district, county, 
and township officers, shall be held on the Tuesday next after the 
first Monday in November. 

Amendment 2. At any regular session of the general assembly, 
the state may be divided into the necessary judicial districts for 
district court purposes, or the said districts may be reorganized and 
the number of the districts and the judges of said courts increased 
or diminished; but no reorganization of the districts or diminution 
of the judges shall have the effect of removing a judge from office. 

Amendment 3. The grand jury may consist of any number of 
members not less than five, nor more than fifteen, as the general 
assembly may by law provide, or the general assembly may provide 
for holding persons to answer for any criminal offense without the 
intervention of the grand jury. 

Amendment 4. That Sec. 13 of article five of the constitution 
be stricken therefrom, and the following adopted as such section: 

Section 13. The qualified electors of each county shall, at the 
general election in the year one thousand eight hundred and eighty- 
six, and every two years thereafter, elect a county attorney, who shall 
be a resident of the county for which he is elected, and shall hold 
his office for two years, and until his successor shall have been elected 
and qualified. 

By proper legislative action (29 G. A., joint res. No. 2, and 30 
G. A., joint res. No. 2), by vote of the people November eighth, one 
thousand nine hundred and four, and certificate of the board of 
state canvassers, November twenty-ninth, one thousand nine hun¬ 
dred and four. 


134 


THE GOVERNMENT OF IOWA 


. That sections thirty-four (34), thirty-five (35) and thirty-six 
(36) of article three (3) of the constitution of the state of Iowa, be 
repealed and the following be adopted in lieu thereof: 

Section 34. The senate shall be composed of fifty members to 
be elected from the several senatorial districts, established by law 
and at the next session of the general assembly held following the 
taking of the state and national census, they shall be apportioned 
among the several counties or districts of the state, according to 
population as shown by the last preceding census. 

Section 35. The house of representatives shall consist of not 
more than one hundred and eight members. The ratio of represen¬ 
tation shall be determined by dividing the whole number of the 
population of the state as shown by the last preceding state or na¬ 
tional census, by the whole number of counties then existing or 
organized, but each county shall constitute one representative 
district and be entitled to one representative, but each county hav¬ 
ing a population in excess of the ratio number, as herein provided 
of three-fifths or more of such ratio number shall be entitled to one 
additional representative, but said addition shall extend only to the 
nine counties having the greatest population. 

Section 36. The general assembly shall, at the first regular ses¬ 
sion held following the adoption of this amendment, and at each 
succeeding regular session held next after the taking of such census, 
fix the ratio of representation, and apportion the additional repre¬ 
sentatives, as hereinbefore required. 

By proper legislative action (29 G. A., joint res. No. 5, and 30 
G. A. joint res. No. 1), by vote of the people November eighth, one 
thousand nine hundred and four, and certificate of the board of 
state canvassers, November twenty-ninth, one thousand nine hun¬ 
dred and four. 

*Add as Sec. 16, to article twelve of the constitution, the following: 

Sec. 16. The first general election after the adoption of this 
amendment shall be held on the Tuesday next after the first Mon¬ 
day in November in the year one thousand nine hundred and six, 
and general elections shall be held biennially thereafter. In the 
I year one thousand nine hundred and six there shall be elected a 
governor, lieutenant-governor, secretary of state, auditor of state, 
treasurer of state, attorney-general, two judges of the supreme 

* Practically the same amendment was adopted by the people November 
! G, 1900, but the supreme court, February 1, 1901, in the case of the State 
of Iowa, ex rel Marsh W. Bailey vs. S.W. Brookhart, respondent, appellant, 
held that the amendment, section 16, was not proposed and adopted as re¬ 
quired by the constitution, and did not become a part thereof. 


STATE CONSTITUTION 


135 


court, the successors of the judges of the district court whose terms 
of office expire on December 31st, one thousand nine hundred and 
six, state senators who would otherwise be chosen in the year one 
thousand nine hundred and five, and members of the house of repre¬ 
sentatives. The terms of office of the judges of the supreme court 
which would otherwise expire on December 31st, in odd-numbered 
years, and all other elective state, county, and township officers whose 
terms of office would otherwise expire in January in the year one 
thousand nine hundred and six, and members of the general assembly 
whose successors would otherwise be chosen at the general election 
in the year one thousand nine hundred and five, are hereby extended 
one year and until their successors are elected and qualified. The 
terms of office of senators whose successors would otherwise be chosen 
in the year one thousand nine hundred and^seven are hereby extended 
one year and until their successors are elected and qualified. The 
general assembly shall make such changes in the law governing the 
time of election and terms of office of all other elective officers as 
shall be necessary to make the time of their election and terms of 
office conform to this amendment, and shall provide which of the 
judges of the supreme court shall serve as chief justice. The general 
assembly shall meet in regular session on the second Monday in 
January, in the year one thousand nine hundred and six, and also 
on the second Monday in January in the year one thousand nine 
hundred and seven, and biennially thereafter. 

By proper legislative action (31 G. A., joint res. No. 1, and 32 
G. A., joint res. No. 2), by vote of the people November third, one 
thousand nine hundred eight, and certificate of the state board of can¬ 
vassers, November twenty-third, one thousand nine hundred eight. 

Add to Sec. 18 of article one of the constitution the following: 

The general assembly, however, may pass laws permitting the 
owners of lands to construct drains, ditches, and levees for agricul¬ 
tural, sanitary, or mining purposes across the lands of others, and 
provide for the organization of drainage districts, vest the proper 
authorities with power to construct and maintain levees, drains, 
and ditches, and to keep in repair all drains, ditches, and levees 
heretofore constructed under the laws of the state, by special assess¬ 
ments upon the property benefited thereby. The general assembly 
may provide by law for the condemnation of such real estate as 
shall be necessary for the construction and maintenance of such 
drains, ditches, and levees, and prescribe the method of making such 
condemnation. 






INDEX 


Adjutant General, 97, 99. 

Administrative boards and com¬ 
missions, 58-62. 

Agricultural experiment station, 
94. 

Agriculture and Mechanic Arts, 
State College of, 93-94. 

Agriculture, State Board of, 62. 

Amendments to constitution, 
methods of passing, 51- 
52. 

Ames, 85, 94. 

Animal Health, Commission of, 
62. 

Appeals, 68-69. 

Archives, Hall of, 61. 

Assessments, equalization of, 81. 

Assessor, duties of, 29, 97. 

Attorney-General, functions of, 
69. 

importance of, 69. 

Auditor of State, powers and 
duties of, 56-57. 
salary of, 58. 
service of, on Executive 
Council, 58. 

Ballots, use of, at elections, 73- 
74. 

Bees, Inspector of, 61. 

Betting on election results, 77. 

Bills, enactment of, into laws, 
48-49. 

Binder, State, 61. 

Black Hawk Purchase, 10, 11, 

12 . 

Black Hawk War, 10. 

Blind, College for, 59, 92. 


Board of Control, composition 
of, 58. 

institutions under, 58-59. 
powers and duties of, 59. 
salary of members of, 59. 
Boats, Inspector of, 61. 

Bribery, 77. 

Burlington, 11. 

capital at, 12, 13. 

Candidates, nomination of, 76-77. 
Caucuses, 76. 

Cedar Rapids, 67. 

Certificates, teachers’, 89. 
Chambers, John, 13. 

Cities, classes of, 31. 

commission plan of govern¬ 
ment for, 33-34. 
officers of, 32-33. 
powers of, 31-32. 
reasons for establishment of, 
31. 

streets in, 85. 

City Assessor, 33. 

City Attorney, 33. 

City Auditor, 33. 

City Clerk, 33, 75. 

City Engineer, 33. 

City Treasurer, 33. 

Civil cases, 64. 

Civil townships, 27. 

Civil War, Iowa and, 16-17. 
Claim Associations, 11. 

Clarke, James, 13. 

Clayton County, Spanish land 
grant in, 9. 

Clerk of District Court, powers 
and duties of, 40-41. 


137 




138 


INDEX 


Clerk of Supreme Court, 68. 

Clinton County, 26. 

Collection of taxes, 82. 

Commerce Counsel, 60. 

Commission plan of government, 
features of, 33, 34. 

Compulsory education, 23. 

Congressional districts, 50. 

Congressional townships, 25. 

Constables, 29. 

Constitution of Iowa, methods 
of amending, 51-52. 
proposed equal suffrage 
amendment to, 71-72. 
text of, 100. 

Constitution of 1846, 16. 

Constitution of 1857, 16. 

Conventions, constitutional, 15, 
16. 

political, 76. 

Coroner, powers and duties of, 41. 

Corporation tax, 80. 

Council (city), members of, 32- 
33. 

reference to, 80, 81. 

Council Bluffs, 58, 67. 

Councilmen, position and salary 
of, under commission gov¬ 
ernment, 34. 

Counties, boundary lines of, 51. 
first, in Iowa, 12. 
organization of, 36. 

Counties, State Examiners for, 
42. 

County Attorney, importance of, 
69. 

powers and duties of, 40, 69. 

County Auditor, powers and 
duties of, 38-39. 

County Engineer, 84. 

County institutes, 89-90. 

County officers, 37-42. 
compensation of, 42. 

County Recorder, powers and 
duties of, 39-40. 

County road system, 84, 


County seat, 36-37. 

County Superintendent, method 
of choosing, 41. 
powers and duties of, 41, 42. 
reference to, 89, 90. 

County Treasurer, powers and 
duties of, 39. 
reference to, 82. 

Courts, kinds of, 64. 
purpose of, 64. 

Criminal cases, 64. 

Curators of State Historical 
Society, Board of, 61. 

Custodian of Public Buildings 
and Property, 61. 

Dairy and Food Commissioner, 
61. 

Davenport, 11, 58. 

Deaf, School for, 58. 

Defendant, 64. 

Delegate to Congress, 15. 

Demoine County, 12, 36. 

Dental Examiners, Board of, 62. 

Des Moines, battle near present 
site of, 8. 
reference to, 47. 
removal of capital to, 16. 

“Des Moines Plan,” 33. 

Des Moines River, 8. 

District Courts, 64, 65-67. 

District judges, election of, 67. 
number of, 67. 
salary of, 67. 

Divorces, 51. 

Dodge, Augustus C., 12. 

Dodge, Henry, 12. 

Dog tax, 80. 

Dubuque, Julien, 9. 

Dubuque, 9, 11. 

Dubuque County, 12, 36. 

Education, State Board of, 59. 
finance committee of, 92. 
institutions under, 91-92. 
members of, 91. 
powers and duties of, 91-92. 



INDEX 


139 


Educational Examiners, State 
Board of, 22, 62, 91. 

Election officials, 75. 

Election precincts, 72. 

Elections, ballots at, 73-74. 

challenging of voters at, 75. 
conducting of primary, 76- 
77. 

corrupt practices at, 77-78. 
method of conducting, 74- 
75. 

places of holding, 73. 
time of holding, 72-73. 

Engineering experiment station, 
94. 

Epileptics, State colony for, 59. 

Examinations for teachers’ cer¬ 
tificates, 89. 

Executive Council, composition 
of, 58. 

functions of, 58. 
reference to, 76, 81. 

Executive officers, election of, 53. 
list of minor, 61. 
powers and duties of, 53-57. 
salaries of, 57-58. 

Exemptions from taxation, 82- 


General Assembly, compensation 
of members of, 47-48. 
composition of, 45. 
constitutional amendments 
proposed by, 51. 
limitations on power of, 51. 
passage of laws by, 48-49. 
reference to, 76, 80. 
relation of Governor to, 54- 
55. 

sessions of, 47. 
two houses of, 45-47. 
General property tax, 80. 
Geological Board, 62. 

Giard, Basil, 9. 

Governor, canvass of votes for, 
75. 

election and term of, 53-54. 
powers and duties of, 54-55. 
qualifications of, 54. 
reference to, 90, 91, 99. 
salary of, 57. 

service of, on Executive 
Council, 58. 
veto of laws by, 49. 

Grinnell, 67. 


83. 

Explorations, 8-10. 

Feeble-minded Children, Institu¬ 
tion for, 58. 

Female Inebriates, State Hos¬ 
pital for, 59. 

Fines, use of, for schools, 88. 

Fire Marshal, State, 61. 

Fish and Game Warden, 61. 

Flint Hills Township, 12. 

Floyd, Charles, death of, 10. 

Fort Madison, 11, 59. 

Fox Indians, 7. 

France, jurisdiction of, over 
Iowa, 8-9. 

Frenchmen, battle between In¬ 
dians and, 8. 

coming of, to Iowa county, 8.1 


Health, Board of, 61. 

Health Physician, 33. 

Hennepin, 8. 

Highway Commission, State, 62, 
85. 

Historical Society of Iowa, State, 
61, 95. 

Honore, Louis, 9. 

Hotel Inspector, 61. 

House of Representatives, com¬ 
position of, 45. 

Illegal voting, 77. 

Independent districts, 20. 
Indians, tribes of, in Iowa, 7. 

removal of, from Iowa, 7. 
Industrial Commissioner, 60. 
Industrial Schools, 59. 

Inebriates, State Hospital for, 59, 



140 


INDEX 


Inheritance tax, 80. 

Insane, Hospitals for, 59. 

Insurance, Commissioner of, 60. 

Iowa, admission of, into Union, 
15. 

claim associations in, 11. 
constitutions of, 16. 
early settlements in, 11. 
early territorial governments 
over, 10. 

exploration of, 8-10. 
first counties in, 12. 
history of territory of, 13,15. 
jurisdictions of France and 
Spain over, 8-9. 
jurisdiction of Michigan ter¬ 
ritory over, 11-12. 
jurisdiction of Wisconsin 
territory over, 12. 
later history of, 17. 
organization of counties in, 
36. 

Spanish land grants in, 9. 

Iowa City, capital removed to, 
13. 

constitutional conventions 
at, 15, 16. 

reference to, 59, 92, 95. 
removal of capital from, 16. 

Iowa National Guard, 97, 99. 

Iowa River, landing of French¬ 
men at mouth of, 8. 

Ioway Indians, 7. 

Jackson County, 26. 

Joliet, Louis, exploration of, 8. 

Judicial districts, 66, 67. 

Julien Township, 12. 

Justices of the Peace, 28, 29, 33, 
75. 

courts held by, 65. 

Keokuk, 11, 67. 

La Salle, Louisiana named by, 

8 . 


Labor Statistics, Bureau of, 62. 
Land surveys, system of, 25-27. 
Law Examiners, Board of, 62. 
Laws, enforcement of, 69. 

limitations on power to pass, 
51. 

method of passing, 48, 49. 
taking effect of, 49, 51. 
veto of, by Governor, 49. 
Lawsuits, 64-65. 

Lee County, Spanish land grant 
in, 9. 

Le Sueur, 8. 

Lewis and Clark expedition, 9- 

10 . 

Library, State, 61, 95. 

Library Commission, 62. 

Library Trustees, Board of, 61. 
Lieutenant Governor, 47. 
canvass of votes for, 76. 
election of, 53-54. 
functions of, 55-56. 
salary of, 57. 

Lotteries, prohibition of, 51. 
Louisiana, district of, 10. 
naming of province of, 8. 
purchase of, by United 
States, 9. 

retrocession of, to France, 9. 
territory of, 10. 
transfer of, from France to 
Spain, 8-9. 

Lucas, Robert, governorship 
of, 13. 

Marquette, exploration of, 8. 
Marriage licenses, 40. 

Marshal, 33. 

Mayor, position and salary of, 
under commission gov¬ 
ernment, 34. 

powers and duties of, 33. 
reference to, 75. 

Medical Examiners, Board of, 
62. 

Meskwaki Indians, 7. 




INDEX 


141 


Michigan Territory, jurisdiction 
of, over Iowa, 11-12. 

Militia, 97. 

Mine] Inspectors, Board of Ex¬ 
aminers for, 62. 

Mine Inspectors, State, 61. 

Minnesota, 12, 13. 

Mississippi River, exploration 
of, 8, 10. 

Missouri, Territory of, 10. 

Missouri, boundary dispute be¬ 
tween Iowa and, 13. 

Montreal, French expedition 
from, 8. 

Motor vehicle taxes, 80, 85. 

Municipal officers, 32-33. 

Municipalities, classification of, 
31. 

incorporation of, 31. 
powers of, 31-32. 

Muscatine, 11. 

Napoleon Bonaparte, 9. 

New England, place of township 
in, 27. 

Nomination of candidates, 76- 
77. 

Normal training, 90. 

North Dakota, 12, 13. 

Oelwein, 67. 

Oils, State Inspector of, 61. 

Old Stone Capitol, 13, 14. 

Optometry Examiners, Board of, 
62. 

Ordinance of 1787, 19. 

Parole, Board of, 61. 

Penitentiary, 59. 

Perry, 67. 

Pharmacy, Commissioners of, 62. 

Pike, Zebulon M., expedition 
of, 10. 

Plaintiff, 64. 

Police Court, 33. 

Police Judge, 33. 


Policemen, 33. 

Political parties, 77. 

Poll tax, 80. 

Polling places, 73. 

Pottawattamie Indians, 7. 
Primary elections, 76-77. 

Printer, State, 61. 

Property, assessment of, 81. 

Railroad Commissioners, Board 
of, election of, 59. 
powers and duties of, 60. 
salary of members of, 60. 
Reformatory, 59. 

Representative districts, 44. 
Road taxes, 80, 85. 

Roads, building of early, 84. 
establishment and care of, 
84-85. 

taxes for, 85. 

Rock Island, treaty made on, 10. 
reference to, 12. 

Sac and Fox Indians, 7, 13. 

battle between French and, 

8 . 

Black Hawk War with, 10. 
School board, 21. 

School elections, functions of, 20. 

voters at, 20-21. 

School funds, 87-88. 

School system, public, origin of, 
19. 

School taxes, 88. 

School townships, 20. 

Schools, establishment of, 19. 
provisions relative to, 20- 
23. 

system of, 87. 

Scott County, 26. 

Secretary of school board, 21. 
Secretary of State, powers and 
duties of, 56. 
salary of, 57-58. 
service of, on Executive 
Council, 58. 



142 


INDEX 


Senate (State), composition of, 
45-47. 

Senatorial districts, 46. 
Settlements, first, 11. 
Shenandoah, 67. 

Sheriff, powers and duties of, 
40-41. 

Sioux City, Floyd’s grave near, 

10 . 

Sioux Indians, 7. 

Soldiers’ Home, 58. 

Soldiers’ Orphans’ Home, 58. 
South Dakota, 12, 13. 

Spain, jurisdiction of, over Iowa, 
9. 

Speaker of House of Representa¬ 
tives, 45. 

Special charter cities, 31. 

State debt, limitation of, 51. 
Street Commissioner, 33, 85. 
Suffrage, meaning of, 71. 
Superintendent of Public In¬ 
struction, appointment of, 

90. 

powers and duties of, 90- 

91. 

Superior Courts, election of 
judges of, 67. 
jurisdiction of, 67. 
number of, 67. 
salary of judges, 67. 
Supervisors, Board of, powers 
and duties of, 37-38, 76, 
80, 81, 84, 88. 

Supreme Court, division of, 68. 
election and salary of jus¬ 
tices of, 68. 
functions of, 68. 
sessions of, 68. 

Supreme Court Reporter, 68. 

Tama County, Indians in, 7. 

Tax rate, determining of, 81-82. 

reasons for, 81-82. 
Taxation, exemptions from, 82- 
83. 


Taxes, collection of, 82. 
kinds of, 80. 
levy of, 80. 

Teachers, county institutes for, 
89-90. 

hiring of, 22. 

Teachers’ College, State, 91, 
94-95. 

Tesson, 9. 

Textbooks, choosing of, 22. 
provisions for free, 22. 

Towns, officers of, 32-33. 
powers of, 31-32. 
reasons for establishment of, 
31. 

streets in, 85. 

Township officers, 28. 
compensation of, 29. 

Township road system, 84-85. 

Township Trustees, powers and 
duties of, 28, 75, 80, 81, 
84, 85. 

Townships, functions of, 27- 
28. 

kinds of, 25. 
officers of, 28-29. 

Treasurer of school corporation, 

22 . 

Treasurer of State, powers and 
duties of, 57. 
salary of, 58. 

service of, on Executive 
Council, 58. 

Treating to secure votes, 77. 

Tuberculosis, State Sanitorium 
for the Treatment of, 
59. 

Tuition, 22-23. 

University of Iowa, State, 13, 
91, 92, 93. 

Veterinary Surgeon, State, 61. 

Vinton, 59, 92. 

Voters, challenging of, 75. 
qualifications of, 72. 



INDEX 


143 


Voters, registration of, 72. 

Votes, canvassing of, 75-76. 
Voting, method of, 74-75. 

Voting Machine Commissioners, 
Board of, 62. 

Voting machines, use of, 73, 74, 
75. 

Weather and Crop Service, Di¬ 
rector of, 61. 


Weights and Measures, Inspec¬ 
tor of, 61. 

Winnebago Indians, 7. 

Wisconsin, 12. 

Wisconsin Territory, jurisdiction 
of, over Iowa, 12. 

Women, amendment extending 
suffrage to, 71-72. 
offices open to, 40, 41. 
right of, to vote, 71. 













































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